Reference no: EM133173451
SAP103 Introduction to Welfare Law
Glenda is scheduled to appear before a state based administrative tribunal to challenge a maintenance claim made against her by the government office for public housing. Glenda has been asked to pay her local housing office $10,000 to cover the cost of re-painting and repairing the holes in the door and walls of her the public housing unit.
Victor is a community service worker employed by a government run social service organisation. He is assisting Glenda with employment and other welfare matters. Glenda discloses to Victor that her then boyfriend punched holes in the walls and doors of the unit when he visited her. This constitutes third party damage and, according to the law of the state, Glenda is not liable to pay for this damage to the property.
Glenda has since married her boyfriend and now lives with him at his parents' house while they save money to buy their own house. She does not want her in-laws to know that her husband is violent towards her and doesn't want to tell the tribunal that he caused the damage to the unit. She has no money of her own to pay for the damage and has no access to money. Her husband controls the family finances.
Glenda asks Victor to come with her to the upcoming tribunal hearing as her support person.
Victor is very concerned that Glenda will admit to having caused the damage to the property because she is afraid to disclose the family violence. Victor thinks that the tribunal will order her to pay for the repairs, which she is not lawfully required to pay.
Q 1. Is Victor able to advise Glenda on residential tenancy law and how it applies in Glenda's circumstances? Give a reason for your answer?
Q 2. What process would Victor need to follow to obtain Glenda's informed consent to disclose her experience of family violence and third-party damage to the tribunal?
Q 3. Can Victor disclose to the tribunal that Glenda has experienced family violence without Glenda having consented to such a disclosure? In your answer refer only to theCommonwealth Privacy Act 1988 and in particular exception s 16A.
Q 4. What type of assistance could Victor provide at the upcoming Tribunal hearing, and what type or service could Victor refer Glenda to for further support on the day of her hearing?