76093AUT23 - Legal and Ethical Considerations of Service Delivery Assignment

Assignment Task

This assessment asks you to consider the ways in which laws and practices affect conditions that promote or hinder the rights and dignity of older people. Students will select a topic from a list or of their choice.

Task

Research and write a law reform submission that takes a position for or against a law reform proposal.

Background

Briefly explain relevant background information and context for this law reform proposal. Why is this topic one that lawmakers should address?

Position

State your position on the law reform proposal and the main reasons for your position. Ideally, express the main reasons in dot points.

Discussion

Explain the reasons why you support or oppose the law reform proposal, using information collected from research sources. To be convincing, your submission must be clearly argued and supported by evidence. Include lessons learned from at least one jurisdiction that has experience with the proposed law reform. You may cite a maximum of 20 different references (but can cite the same source more than once). References must comply with the current edition of the Australian Guide to Legal Citation. Anticipate and address arguments of those who might oppose your position. Use subheadings in this main Discussion section.

Topics:

Advance Healthcare Directives:

• New South Wales should enact legislation to establish clear rules for advance directives (AD). To be legally valid, ADs would have to comply with this legislation. The statute would prescribe a mandatory form for ADs, require that ADs be signed, dated and witnessed, and list circumstances when a doctor may disregard an AD.

Convention on the Rights of Older People:

• A United Nations Convention on the Rights of Older Persons is needed to combat age discrimination and safeguard the rights of ageing populations in countries around the world, including Australia.

Mandatory Reporting of Elder Abuse:

• Legal and health practitioners should have a mandatory legal duty to report situations of suspected elder abuse to police or adult protection services.

Voluntary Assisted Dying:

• Legislation should be enacted to allow people with a diagnosis of dementia to access voluntary assisted dying at a time they elect in the future, that is, to allow medical practitioners to prescribe a lethal dose of a drug to a person who wishes to die when they reach a certain stage of the disease.

Video Surveillance in Aged Care Facilities:

• Legislation should make it clear that video surveillance is allowed in private rooms of residential aged care facilities. To protect residents from abuse, family members or legally authorised guardians of the resident should be able to install video recording devices.

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