Ali And Matt Case Study - Australian Human Rights - Welfare Law Assessment Answer

Ali And Matt Case Study Australian Human Rights Welfare Law Assessment Answer

Assessment Task:

Case Study 1

Ali, an Afghani, has been employed at Tom’s hardware for 3 years. He has been a diligent worker though continues to have some problems with English and in communicating with Tom’s customers. As a result of his employment.

Tom has employed Ali’s wife, Nouriah, as a carer for his mother. Tom’s son, Matthew, resents the fact that Tom thinks Ali is a better worker and has made it known that he thinks Tom should sack Ali. Reginald, one of Tom’s best customers, finds it difficult to understand Ali at times and tells Tom that he thinks he should only employ ‘Australians’. As a result of a bungled order, Reginald threatens to take his business elsewhere if he does not sack Ali. Tom reluctantly agrees and sacks Ali and also ends Nouriah’s employment. 

Ali approaches you for advice as to what action he can take against Tom, Reginald and Matthew for his dismissal and that of Nouriah.

What advice would you give and what action would you recommend, making reference to both legislation and any relevant case law?

Case Study 2

Matt is a 45year old man from Seddon. Matt recently completed a short prison sentence for shop lifting. Transition workers at the prison arranged one week of accommodation for Matt at the Half Moon caravan park in Brooklyn, with no other ongoing housing or support. 

Towards the end of his first week, Matt speaks to the manager of the caravan park about staying on for six months. The manager says the groupMatt has been staying in is not required for any other reason, and that they should be able to work something out. 

Matt has a longstanding diagnosis of schizophrenia. He has previously been on treatment orders at various mental health services across Victoria but is currently not linked with any mental health services. Sometimes Matt speaks out loud when there are no other people around him. This can get quite loud, and sometimes involves Matt shouting quite loudly. Other residents notice Matt’s behaviour and complain to the manager.

Matt goes in to Footscray to do some shopping. Matt’s behaviour generates concern from the shop assistants. Matt becomes frustrated as he believes the shop assistant said something derogatory about him so he briefly grabs her wrist and says to her ‘fuck off’. The shop assistant calls the police who take Matt to Sunshine hospital.  Matt is later charged with assault and issued with a summons for court. 

Matt is placed on a temporary treatment order by the consultant psychiatrist. At his mental health tribunal hearing six weeks later, the tribunal is concerned about the lack of support that Matt has in the community. They are not comfortable with Matt being discharged without a treatment order to ensure that he will take his medication and maintain contact with the service. Matt is discharged from hospital on a community treatment order. 

Matt returns to the caravan park, but the manager now says that Matt cannot return to the caravan park because of his ‘disruptive’ behaviour. Matt becomes homeless. 

Because Matt was not able to return to the caravan park, he did not receive his summons in the mail from police regarding the assault charge. He did not realise he had court and failed to attend, generating a warrant for his arrest. He is soon arrested and brought to the Magistrates’ Court. 

You have been assigned to Matt’s case in a para-legal capacity. What advice would you give him and please set out the steps that you consider necessary to support him? Include any legislation that you consider to be relevant.

Question
How has the term ‘human rights’ developed internationally and how has the concept shaped the development of Australian social policy in the areas of interest to us in Welfare Law over recent decades? Please provide examples from the areas of social policy as covered in the course. 

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