SAP103 Introduction to Welfare Law
Case Study A:
Anya lived in a public housing property for 10 years. In July 2020, 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 Anya vacated the property, her violent ex-partner damaged the front door and window. The police were called to the property at the time and an incident report was prepared. The police interviewed the ex-partner. Anya’s record with the public housing office shows that Anya was under physical threat from her ex-partner in the months leading up to her leaving the property. Anya is now living in temporary accommodation at a women’s refuge.
In August 2020, a housing officer from a state government department of public housing was working on Anya’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 Anya and she was sent a notice to pay the cost of repairing the window and door to the value of $4,500.
The housing officer’s case file for Anya shows that no attempt was made to contact Anya to discuss the circumstances surrounding the repairs. This is despite Anya keeping the public housing department up-to-date regarding her whereabouts. Anya maintained the same mobile phone number as when she was residing at the property. There was no evidence on file that the housing officer considered Anya’s circumstances as a victim of family violence. The public housing department policy in relation to maintenance
claims states that:
“Special circumstances such as the mental or physical health of the tenant, indications of family violence, or evidence of third party criminal damage must be taken into account 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.” Anya’s file with the department of public housing is marked “debt owed and property damaged by the client”. Anya’s recent application for new public housing has been rejected by a housing officer based on this mark. The housing officer has advised Anya that she can apply to have this decision reviewed by the department.”
- Identify two principles of administrative law that must be followed by the housing officer when processing Anya’s maintenance claim? (2 marks).
- For each principle of administrative law identified above, explain why the housing officer failed to apply the principle in their decision-making? (4 marks).
- Describe the type of review that Anya has requested? (2 marks)
- What supporting documentation could Anya provide to the public housing department officer conducting the review? (2 marks)
Case study B.
Ben is 12 years old and he has been having trouble at school. On the weekend Ben attends a soccer match organized by Jackson who is a youth worker employed by a local support agency.
After the match Ben tells Jackson that he is in trouble at school and he wants to change schools because he is frightened of his teacher. Ben also tells Jackson that he has been hiding at the local skate park during the day to avoid going to class. Ben gives Jackson a piece of paper with his address and phone number written down, along with the teacher’s name.
Ben’s mother visits Jackson at his agency office on Monday morning. She knows that Ben has been skipping school because the school notified her that her son was not attending class. Ben’s mother is becoming increasingly worried about her son’s welfare because of his erratic behavior and outbursts of anger at home. She threatens to report Jackson to his supervisor if he doesn’t tell her what has been going on with Ben.
- Identify the personal information about Ben that is held by Jackson? (2 marks).
- Discuss whether Jackson can disclose this personal information to Ben’s mother? Refer to any legislation that would allow (or prohibit) such a disclosure. (2 marks).
- Given the circumstances, can Jackson ask Ben further questions about his experience with the teacher? Provide reasons for your answer and refer to any legislation that would allow for (or prohibit) Jackson from collecting this information? (2 marks)
- Jackson is concerned about Ben’s safety. Who would Jackson contact with the information he has about Ben? In your answer refer to any law that would allow (or prohibit) such a disclosure? (2 marks).
- Discuss what Jackson would need to do to obtain Ben’s consent to disclose this information? (3 marks).
Case C.
Bethany is a long-term client of a community mental health support service. She has been seeing the same mental health human service worker for 5 years. Bethany has been diagnosed with schizophrenia. Bethany was recently admitted to the acute psychiatric ward of her local hospital. Bethany is under 24-hour care and has been receiving compulsory medical treatment for 2 weeks. Bethany continues to hear voices and is at risk of self-harm.
A Mental Health Tribunal hearing is taking place to determine whether Bethany can continue to receive compulsory mental health treatment in hospital. Bethany requested that her human service worker attend the hearing with her as a support person. The human service worker attends the hearing and presents a report he has written which covers Bethany’s past attendance at social activities organised by the human service worker, and Bethany’s current housing situation. During the hearing, the legal member of the
Tribunal asks the human service worker to talk about Bethany’s social support network and outline the family support that Bethany can expect to receive when she is released from hospital.
- Identify the type of evidence that the human service worker provides at the Mental Health Tribunal Hearing? (2 marks)
- Is the human service worker able to advise Bethany on mental health law and how it applies in Bethany’s circumstances? Given a reason for your answer? (2 marks)