SAP103 Introduction to Welfare Law - Open-book Assessment

Read the Case Study information and instructions carefully for each question.

Case study A: Service integration

Jeremy is homeless and sleeping on the street and in the local parks at night. He was recently discharged from a 3 month stay in the local hospital’s psychiatric ward after an acute episode of his mental illness. Jeremy has no money and loses his medication when moving from place the place looking for somewhere to sleep. He is becoming unwell again.

During Jeremy’s time in hospital his landlord applied to the Tribunal for an order to have Jeremy evicted from his apartment for not paying his rent. A hearing date has been set.

The local community mental health worker John and a community lawyer Janice visited the local park where Jeremy has been sleeping. During their chat with Jeremy, he disclosed that he was feeling unwell again and that he could no longer go home to his apartment.

John discussed with Jeremey the need to take his medication regularly and arranged for medication to be delivered to the park for Jeremy. Janice told Jeremy that he had a tenancy matter before the Tribunal. She arranged for the Tribunal hearing to be adjourned until Jeremy could receive legal advice and be represented by a lawyer at the Tribunal.

In your answer to Questions 1 and 2 below please refer to the required reading:

Reading 1 (Week 1 in Moodle): Kennedy, R., Richards, J., & Leiman, T. (2016). Law and human services: together and apart. In R, Kennedy, J. Richards, & T. Leiman (Eds.), Integrating Human Service Law, Ethics and Practice (4^th ed., pp. 19-42). Oxford University Press Australia.

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Q 1. What is Integration, and why integrate service provision? (3 marks)

Q 2. Discuss the benefits to Jeremy of an integrated service compared to Jeremy having access to mental health and legal services separately? (3 Marks)

In your answer to Question 3 below please refer to the required reading:

Reading 2 (Week 2 in Moodle): Forell, S and Nagy, M. (2021). Health justice insights: health justice partnership as a response to domestic and family violence, Health Justice Australia Inc, Sydney.

Q 3. Identify and describe three common features of a health justice partnership as a response to domestic and family violence? (3 marks)

Case study B: Administrative law

Samantha lived in a public housing property for 10 years. In January 2023, she reported being a victim of family violence to the police. They advised her to vacate the property immediately due to concerns about her safety. After Samantha left the property, her violent ex-partner came to the property and damaged the front door and windows. The police were called to the property at the time and an incident report was prepared. Samantha’s record with the public housing office shows that she was under physical threat from her ex-partner in the months leading up to her leaving the property. Samantha is now living in temporary accommodation at a women’s refuge.

In February 2023, a housing officer from a state government department of public housing was working on Samantha’s file and recorded that the property had been vacated. A home visit by the housing officer confirmed that the property was abandoned and that the front window and door were damaged. One week later the department of public housing generated a maintenance claim against Samantha, and she was sent a debt notice to pay the cost of repairing the window and door to the value of $3,000.

The housing officer’s case file for Samantha shows that no attempt was made to contact her to discuss the circumstances surrounding the repairs. This is despite Samantha keeping the public housing department up to date regarding her whereabouts and her mobile phone number.

There was no evidence on file that the housing officer considered Samantha’s circumstances as a victim of family violence. The public housing department policy in relation to maintenance claims states that:

“Special circumstances such as family violence and evidence of third-party criminal damage must be considered when assessing a maintenance claim. These circumstances can reduce the claim or defeat the claim. Housing officers are expected to engage with the tenant directly before determining any liability for damage to the property.”

Q 4. Identify two principles of administrative law that must be followed by the housing

officer when processing Samantha’s claim? (2 Marks).

Q 5. For each principle of administrative law identified above, explain why the housing officer failed to apply the principle in their decision making? (2 marks).

Q 6. Identify the type of review that Samantha can request from the department? (2 marks).

Q7. What supporting evidence should the public housing department officer have sought before recommending the department pursue a maintenance claim against Samantha? (3 marks).

Case study C: Privacy and consent

Jeremy has been re-admitted to hospital for psychiatric treatment. He has a Mental Health Tribunal hearing coming up to decide whether he can leave the psychiatric ward and receive his treatment in the community. Jeremy wants to leave hospital and live in the community, but he is homeless.

Samuel is a community service worker from a mental health service. He visits Jeremy in hospital ahead of his Tribunal hearing to discuss Jeremy’s possible discharge into the community. Samuel will be supporting Jeremy at the Tribunal hearing.

During the visit, Jeremy discloses to Samuel that he is homeless and that he won’t be able to take his medication when he is living on the street. He asks Samuel not to tell the Tribunal members about his situation outside the hospital. Samuel knows that the Tribunal won’t agree to Jeremy being discharged from hospital in these circumstances.

Q 8. Describe the process Samuel would need to follow to obtain Jeremy’s informed consent for Samuel to disclose Jeremy’s situation to the Tribunal? (2 marks)

Q 9. What is Samuel’s ethical obligation in relation to keeping Jeremy’s personal information private? Refer to section 5.4.1 and section 5.4.2 of the Australian Association of Social Workers Code of Ethics (2020) (2 marks).

Q 10. What are the limits to keeping Jeremy’s housing situation confidential? In your answer, please refer to Samuel’s legal obligation when speaking before the Tribunal; refer also to Samuel’s obligation under the Commonwealth Privacy Act 1988 and section 16A (3 marks).