Not offered in 1999
Subject leader to be advised
6 points - 3 hours per week - Second semester - Caulfield
Objectives On completion of this subject, students should be familiar with the sources of Australian law, the distinction between Statute and Common Law, and the structure of the Australian court system; be aware of the different assumptions underlying civil and criminal Law, and the different standards of proof required; be familiar with the dispositions available to courts under different circumstances, the objectives and principles of sentencing, and the nature of reports by welfare workers which impinge upon this process; be familiar in general terms with the legislation and common law operating in Victoria in respect of those areas most commonly affecting welfare recipients; be aware of the law as a social process, the means of its making and changing, and the influences of social change on the legal framework.
Synopsis The law relating to families and children, tenancy, consumers, employees, mental health, citizens' rights, policing and bail. Administrative and appeals tribunals. Application of the law to special groups such as women, migrants, Aborigines. Death and inheritance. Legal assistance. Crime causation, policing, court procedure, sentencing, imprisonment and other forms of custody, community-based corrections, victims. The welfare worker and the Law. Writing reports and giving evidence. Issues in child protection.
Assessment Court observation report (500 words): 10% - Seminar paper (1000 words): 25% - Court report (800 words): 20% - Essay (1200 words): 25% - Class test (1 hour): 20%
Recommended texts
Bates F A The Australian social worker and the law Law
Book, 1991
Fitzroy Legal Service The law handbook Nelson Wadsworth, 1998