196-213 The Legal Context of Human Services

Previously available as 196-011/420. Students who have completed 196-011 or 196-420 are not eligible to enrol in this subject. The subject dates and HECS/course fee census date for this subject change each year. Check your enrolment record for the correct census date for this subject.

Admission into the Bachelor of Social Work for BSW students or for Bachelor of Arts students, 37.5 points of second/third-year arts subjects.

This subject provides an overview of the Australian and Victorian legal systems and their components, and the values and principles upon which law is based. The subject does not attempt to cover all issues raised by a consideration of the law. However, it does explore the relationship between the law and the human services to develop students' understanding of the major legal structures that impinge on welfare practice and the values and attitudes which underpin those structures. The subject makes use of video resources to explore the giving of evidence to tribunals and courts of law; the ethics of practice; the Australian legal system; protection of human rights in Australia; the role of the state in income maintenance; family law; state intervention in the family; refugee rights and domestic violence.

• have skills in reading and understanding policy documents and legislation;

• be aware of competing interests that together shape such policies and documents;

• be able to link theory and practice;

• be able to demonstrate the capacity to organise issues and competing arguments into logical frameworks of presentation.

Assessment in this subject requires students to complete any two of the following four options each worth 50%: a written paper of 2000 words (due mid-semester), a written analytical paper following a court or tribunal visit totalling 2000 words (due mid-semester), a take-home examination (due at the end of semester), completion of a case study and submission of a report totalling 2000 words (due at the end of semester). A hurdle requirement of a minimum 75% attendance of seminars required.

Students should check with the subject coordinator prior to purchase of texts as additional or alternative texts may be substituted for those listed below.

• P A Swain, In the Shadow of the Law 2nd edition. Federation Press 2002.
• Fitzroy Legal Service, The Law Handbook. 2005.