LAW00059 - Welfare Law - Capacity to Critically Examine the Limitations of Law - Law Assignment Help

Assignment Task

Assessment objectives:
Able to use a range of strategies to help overcome the barriers to the legal system;
Demonstrate an ability to identify some of the issues facing a welfare client;
Capacity to assist a welfare client with their problem by providing appropriate referral/s;
Ability to explain the relevant law, policy or practice in the areas studied during the unit; and
Capacity to critically examine the limitations of law. 

Rationale:

Knowing the law is one thing but understanding how the law applies to your client’s situation is a distinct skill. It is also important to recognise the law’s limitations in addressing the entirety of your client’s needs. For this reason, you need to consider a variety of additional services that may assist your client.

Assessment Instructions
You must answer BOTH problem questions. Read each legal problem question carefully. 

Provide a reference to all sources you rely upon in your answer. If you are explaining a legal principle you should refer to the legal source of that principle. For instance, you might cite the Family Law Act 1975 (Cth) instead of a secondary source such as our prescribed text. You may need to undertake additional research to complete this assessment.

You may either use footnotes (following AGLC4) or in-text references (Harvard). Footnotes should contain citation information only. You must also provide a bibliography or reference list of materials used in your assessment.

Please ensure you read the marking criteria carefully and double check each criterion prior to submitting your work.

Care for self

The scenarios in the two problem questions may be confronting for some students, hence the reason self-care is important. Remember your support networks and consider reaching out for help if it is needed:

Lifeline Australia 13 11 14
1800RESPECT = 1800 737 732 (NRS: 1800 555 677)
SCU Counselling and Psychological Support Services: 1300 782 676 or SMS to 0488 884 143 (for text chat)

Question 1 (30%)

You are a social worker employed at your local NSW Community Legal Centre. One morning Dora arrived for her appointment and informed you of the following:

Dora used to live at her last rental home with her then-partner, Robbie. Dora mentioned Robbie used to shout at her if he came home from work and considered the house insufficiently clean and tidy. He also tended to keep Dora away from her friends and family. This was easily accomplished because Robbie had insisted they move to a town several hours away. Robbie also kept hold of their finances. Dora said he was never physically violent towards her except on one occasion when Robbie held her by the throat against a wall. Dora’s recollection of this instance is hazy as she thinks she must have lost consciousness.

Dora managed to leave the relationship about six months ago and moved into rented accommodation with a long-term male friend, Craig. According to Dora, her name is not on the formal lease document because when she left the rental home she shared with Robbie, ‘he destroyed the joint’. Her former real estate agent said there were holes in a number of internal walls, blocked sinks, garbage strewn across the backyard and intentional damage to the hot water system. Dora suspects she is now recorded on a tenant’s blacklist because no one would give her a tenancy in her own name despite being a model tenant for her entire adult life.

Unfortunately, Robbie has recently returned to her life. He has been parking outside her new home and following her to job interviews. Dora also saw him watching her when she was out with Craig. On another occasion Dora found a note in her letterbox in Robbie’s handwriting saying he knows Dora is receiving Centrelink’s JobSeeker as a single person when she is really in relationship with her new housemate. Robbie’s note said he is going to report her for fraud and she should be prepared for a visit by authorities asking her about her marriage like relationship. Dora tells you that while she shares household white goods with her new housemate, shares food and bill expenses, lean on each other for emotional support they are not intimate.

Robbie’s note also said he will be pushing to spend more time with their 5 year-old daughter, Keela, so Dora will have to attend family mediation with him.

The following weekend you were attending a friend’s birthday and realised that Dora was also attending. You acknowledged her across the room with a smile but left it at that. Later in the afternoon Dora approached you and mentioned a conversation she had with her daughter last night. A friend of Craig’s has been staying with them recently and Keela said the friend exposed ‘his privates’ to her earlier in the week.

What legal information can you provide to Dora given these facts? 25%

What five referrals, legal and non-legal, could you provide to Dora given these facts? And why are they appropriate. 5% [Referrals and your reasons for nominating these services are not included in your word count]
Question 2 (30%) 

You work as a paralegal at a community legal centre in NSW when Kieran arrives seeking assistance. He has a number of matters for you to research and consider.

Kieran is a currently divorcing his husband, Dave, after 2 ½ years of marriage. Kieran is wanting to cut all ties with Dave and is concerned that Dave will want to spend time with Kieran’s daughter (his from a previous marriage). As well as his marriage coming apart, Kieran has just received a letter from Centrelink saying they have reviewed his income support from several years ago and they believe he was overpaid. This overpayment was assessed by humans rather than the automated Employment Income Compliance scheme (Robodebt). Kieran is fairly certain this is an error and wants to know his options?

According to Kieran, he was also telephoned recently by a youth justice conference convenor. Four months ago, Kieran’s 14 year-old daughter, Shelley, was assaulted by three other students on her way home from school. The students initially taunted Shelley with racist comments then set upon her with their fists. Shelley sustained bruising to her jaw, lost a tooth, received damage to her left eye socket, and was concussed. Her iPhone was also stomped on by the assailants and broken. Ever since the assault, Shelley has been terrified of attending school and so has remained home to complete her schoolwork. Kieran took three months off work and he has found it hard to return to work knowing his daughter is home alone. He constantly worries and finds his sleep disturbed. Kieran’s English is normally fine, but when he gets stressed, he finds his language skills faltering. Shelley’s assailants were charged by the police with assault under s59 of the Crimes Act 1900 (NSW). The Children’s Court referred the matter to a youth justice conference. Kieran was contacted by the conference convenor and asked to attend the conference to support his daughter through the experience. The convenor also mentioned something about victims support for his daughter. Kieran is not sure if he wants his daughter to attend or if he wants to attend either. He said he is still so angry that he is tempted to name and mercilessly shame Shelley’s three assailants on his social media account and on Shelley’s school’s FaceBook page. He wants to damage their reputations the way Shelley has been hurt by their actions.

To make matters worse, Kieran was also worried about his rental situation. He was informed by the owner of his flat that the rent would be increasing from $325/week to $425/week. This would be the second recent rent increase. The last one was 14 months ago although that only increased the rent per week by $20. The latest rent rise is despite Kieran’s request for the blocked toilet to be fixed and a faulty smoke detector in the kitchen be replaced. Kieran tells you he has a written rental agreement somewhere and although it expired last year, he and Shelley continue to live at the residence.

What legal information can you provide to Kieran given these facts? 25%

What five referrals, legal and non-legal, could you provide to Kieran given this fact situation and why? 5%. [Referrals and your reasons for nominating these services are not included in your word count]
Marking criteria: 

Identify legal issues raised by the questions;
Identify material (important/significant) facts arising in the questions;
Accurately state the law/s related to the issues and refer to the sources of law;
Provide a well-written, well-structured, complete and cohesive answer with clearly stated conclusion;
Provide accurate information recommending appropriate client referrals; and
Reference sources and provide reference list/bibliography (Harvard or AGLC4).

Rubric LAW00059 Welfare Law: Assessment 2 Legal problem questions 60%

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