Dr Jemma Venables
Course overview
- Study period
- Semester 2, 2024 (22/07/2024 - 18/11/2024)
- Study level
- Undergraduate
- Location
- St Lucia
- Attendance mode
- In Person
- Units
- 2
- Administrative campus
- St Lucia
- Coordinating unit
- Nursing, Midwifery & Social Wk
The primary purpose of this subject is to develop a critical awareness of the interaction between social work and the law in contemporary social work practice. The course explores some of the key legal principles and processes that underpin the Australian legal system and provides insight into how different areas of the law interact with and impact upon social work practice. Areas of law introduced include: human rights, child protection, domestic violence, substitute decision-making, mental health, administration, social security and criminal law. Aspects of law which impact directly upon social workers are also explored. Throughout the course there is a focus on students considering how the law applies in the type of situations they will encounter in their future practice, along with an emphasis on how social workers can enhance their practice and outcomes for clients by thoughtful application of legal principles and decision-making processes.
The primary purpose of SWSP2066 is for students to develop a critical awareness of the interaction between social work and the law in contemporary social work practice. Students will develop an understanding of the Commonwealth and State legal system, key legal principles and processes and the relevance of pertinent areas of law such as child protection, domestic violence, guardianship and mental health law in social work practice. Another core component of the course is the development of knowledge of the legal requirements of social work practice, including negligence and duty of care, informed consent and confidentiality.
The course also provides a basic foundation in individual and systemic advocacy as a method of social work practice. Advocacy skills are integral to social work practice, especially with populations at risk. Social workers are also agents of change as they are often the first to notice anomalies and adverse consequences of legislation and law. Understanding the basics of law reform and systemic advocacy is essential for social workers, and opportunities to explore these processes are provided.
ASWEAS Required Curriculum Content Areas covered in this course:
The Bachelor of Social Work (Hons) program is accredited by the Australian Association of Social Workers.
The Australian Social Work Education and Accreditation Standards (2020) stipulates that accredited social work programs are required to include content that addresses the five core curriculum areas listed below. This course contains content in the following curriculum areas:
1. Constructions of social work purpose, place, and practice: YES
2. Power, oppression, and exploitation: YES
3. The history and contribution of Aboriginal and Torres Strait Islander peoples: YES
4. Culture, identity, and discrimination: YES
5. Psychosocial health and wellbeing across the lifecycle: YES
Course requirements
Assumed background
This course assumes that students have some basic knowledge about the different levels of government in Australia's federal system. If you are new to Australia, or if it has been a while since you did civic/social studies, it might be a good idea to do a quick review. The ﾠParliamentary Education Officeﾠ is a great place to start as it has lots of interactive resources. This website will help to explain some important features of the Australian system of government such asﾠseparation of powers, levels of government, the Constitution and process of making laws.ﾠWhilst we will touch on these issues in class, it would be useful for you to do some further reading to help build your foundational understanding.
Course staff
Timetable
The timetable for this course is available on the UQ Public Timetable.
Additional timetable information
The teaching activities consist of a weekly 2-hour online lecture and a 1-hour in-person tutorial.
- Theﾠonline lecturesﾠwill be a mixture of 'live zoom' sessions, pre-recorded content and online workbook activities. Please check your Blackboard announcements and learning resources to confirm the format for each week.
- Theﾠtutorials are all delivered in person, on St Lucia campus. They will commence in Week 2. There are no tutorials in Week 1.ﾠ
Aims and outcomes
This course aims:
- To facilitate the development of an understanding of the Australian legal system and key legal concepts.
- To provide an exploration of pertinent areas of law in which social workers might work or interact with in practice, such as child protection, guardianship and mental health.
- To develop an awareness of the legal duties and obligations that impact on social workers in everyday practice.
- To facilitate critical, creative thinking about a social worker's role as an agent of social change in a legal context.
- To give students opportunities to practise using the law, legal principles and legal processes to support their social work practice decision-making.
- To highlight the link between social disadvantage and vulnerability in a legal context.
Learning outcomes
After successfully completing this course you should be able to:
LO1.
Identify and explain the legal context (legislation, legal obligations and processes, institutions and key stakeholders) involved in key areas of social work practice
LO2.
Explain and critically analyse how legal contexts shape the experience of service users and the roles, responsibilities, and practices of social workers within their professional scope
LO3.
Identify relevant legislation and interpret the legal context as part of social work assessments and intervention plans that promote wellbeing and social justice
LO4.
Enact professional purpose by utilising appropriate and professional communication with diverse stakeholder groups regarding legal issues and processes
LO5.
Explain how social workers can act as agents of change who promote social justice and uphold human rights by challenging and advocating for changes to legislation and/or legal processes
LO6.
Practice in a culturally safe manner when working with Aboriginal and/or Torres Strait Islander Peoples by recognising the historical and contemporary impacts of colonisation and the Australian legal context
Assessment
Assessment summary
| Category | Assessment task | Weight | Due date |
|---|---|---|---|
| Paper/ Report/ Annotation | Information Sheet with Reflection | 40% |
9/09/2024 1:00 pm |
| Paper/ Report/ Annotation | Response to Case Study with Court Report | 60% |
6/11/2024 1:00 pm |
Assessment details
Information Sheet with Reflection
- Mode
- Written
- Category
- Paper/ Report/ Annotation
- Weight
- 40%
- Due date
9/09/2024 1:00 pm
Task description
This description is only a summary of the task. For full details, including the marking rubric, please refer to the course Learn UQ (Blackboard) site.
As a social worker, some of the matters that you support clients with (e.g. child protection, drug use, domestic violence) may bring them into contact with the law and legal institutions, such as courts and tribunals. As part of your role, you may need to provide information and resources that help your client to understand these legal systems and make them aware of the support that is available to them. This task is intended to develop your knowledge of legal issues and court processes, whilst also developing social work practice skills in writing and reflection.
This task requires you to:
- Select one (1) of the two scenarios that will be posted on the blackboard course site by the end of week 4. The scenarios will contain information about the legal issue, the client group and the type of agency you are working in.
- Based on your chosen scenario, you are required to develop an information sheet for service users that helps to explain the relevant legislation and processes associated with the legal matter and the way in which social workers can provide support through the process.
- Write an essay that reflects on why it is important for social workers to have an understanding of the legal issue, legislation and court processes associated with the scenario. In conjunction with the course readings, it would be beneficial to consult the Australian Association of Social Workers' Code of Ethics and Practice Standards to inform your reflection.
Submission guidelines
This assessment requires students to submit an electronic version of their assignment via Blackboard. Please check the companion website assessment area for specific instructions on this process. A link will be made available in the assessment area of your Blackboard course to allow you to submit your assignment electronically.
The anti plagiarism software TURNITIN is being used at UQ. The electronic version of your assignment will be submitted via Blackboard, using the TURNITIN software. Work submitted may be subjected to a plagiarism detection process. If this process is used then copies of this work would be retained and used as source material for conducting future plagiarism checks.
Please refer to ITS help if you experience difficulties in submitting your assignments in Blackboard or using TURNITIN as instructed on the companion website.
Deferral or extension
You may be able to apply for an extension.
The maximum extension allowed is 14 days. Extensions are given in multiples of 24 hours.
Applying for an extension
Extension requests are submitted online via my.UQ. Extension requests received in any other way will not be approved.
Information about applying for an extension can be found on my.UQ.
Extension guidelines
- Extension requests should be submitted prior to the assessment deadline.
- Extension requests must state the due date and the due time of the assessment.
- Requests for extensions received after the assessment item submission due date may not be approved. Late requests must include evidence of the reasons for the late request.
- The extension granted should be in proportion to the period of illness or disruption caused by the exceptional circumstances and will typically be no more than the specified maximum extension length.
- Students on a Student Access Plan (SAP) with a clause on extension requests must still adhere to the extensions request policy outlined. Students need to attach the SAP and a note outlining their current situation with the online extension application. A maximum of 7 days will be granted on the basis of an SAP. An extension request beyond 7 days will require additional supporting information as this request will not be considered on the basis of the SAP, but rather additional events (whether they relate to the circumstances of the SAP or not).
Outcome of application
- Extension requests are generally processed within 2 working days. Students can see the outcome of their application by logging in to my.UQ.
Late submission
A penalty of 10% of the maximum possible mark will be deducted per 24 hours from time submission is due for up to 7 days. After 7 days, you will receive a mark of 0.
Response to Case Study with Court Report
- Mode
- Written
- Category
- Paper/ Report/ Annotation
- Weight
- 60%
- Due date
6/11/2024 1:00 pm
Task description
This description is only a summary of the task. For full details, including the marking rubric, please refer to the course Learn UQ (Blackboard) site.
Contact with the legal system can create and be caused by difficulties and tensions within a person’s environment. Your role as a social worker is to work alongside your client to address these difficulties and bring about positive change. As in all social work practice, your interventions to support clients who have come into contact with the legal system should be driven by a clear practice purpose and be underpinned by a thorough assessment of the situation. With a key focus on the impact of the legal context, this task is intended to provide you with an opportunity to demonstrate your developing knowledge and skills in assessing situations and formulating social work intervention plans to support clients. This task also seeks to develop professional writing skills that you will require for practice.
This task requires you to:
- Review the case study that will be posted on the blackboard course site in week 7 (see Assessment 2 folder).
- Draw on the course materials and broader literature to answer FIVE questions about the scenario as outlined in the assessment template (also released in week 7).
The questions will assess your ability to: (a) conduct a social work assessment that considers the legal context; (b) plan a suitable social work intervention that considers the legal context, social work values and cultural responsiveness; (c) recognise and respond to challenges associated with the legal context of the scenario; and (d) write a court report that advocates for your client.
Submission guidelines
This assessment requires students to submit an electronic version of their assignment via Blackboard. Please check the companion website assessment area for specific instructions on this process. A link will be made available in the assessment area of your Blackboard course to allow you to submit your assignment electronically.
The anti plagiarism software TURNITIN is being used at UQ. The electronic version of your assignment will be submitted via Blackboard, using the TURNITIN software. Work submitted may be subjected to a plagiarism detection process. If this process is used then copies of this work would be retained and used as source material for conducting future plagiarism checks.
Please refer to ITS help if you experience difficulties in submitting your assignments in Blackboard or using TURNITIN as instructed on the companion website.
Deferral or extension
You may be able to apply for an extension.
The maximum extension allowed is 14 days. Extensions are given in multiples of 24 hours.
Applying for an extension
Extension requests are submitted online via my.UQ. Extension requests received in any other way will not be approved.
Information about applying for an extension can be found on my.UQ.
Extension guidelines
- Extension requests should be submitted prior to the assessment deadline.
- Extension requests must state the due date and the due time of the assessment.
- Requests for extensions received after the assessment item submission due date may not be approved. Late requests must include evidence of the reasons for the late request.
- The extension granted should be in proportion to the period of illness or disruption caused by the exceptional circumstances and will typically be no more than the specified maximum extension length.
- Students on a Student Access Plan (SAP) with a clause on extension requests must still adhere to the extensions request policy outlined. Students need to attach the SAP and a note outlining their current situation with the online extension application. A maximum of 7 days will be granted on the basis of an SAP. An extension request beyond 7 days will require additional supporting information as this request will not be considered on the basis of the SAP, but rather additional events (whether they relate to the circumstances of the SAP or not).
Outcome of application
- Extension requests are generally processed within 2 working days. Students can see the outcome of their application by logging in to my.UQ.
Late submission
A penalty of 10% of the maximum possible mark will be deducted per 24 hours from time submission is due for up to 7 days. After 7 days, you will receive a mark of 0.
Course grading
Full criteria for each grade is available in the Assessment Procedure.
| Grade | Cut off Percent | Description |
|---|---|---|
| 1 (Low Fail) | 0.1 - 29.9 |
Absence of evidence of achievement of course learning outcomes. Course grade description: Fails to demonstrate most or all of the basic requirements of the course. |
| 2 (Fail) | 30 - 46.9 |
Minimal evidence of achievement of course learning outcomes. Course grade description: Demonstrates clear deficiencies in understanding and applying fundamental concepts; communicates information or ideas in ways that are frequently incomplete or confusing and give little attention to the conventions of the discipline. |
| 3 (Marginal Fail) | 47 - 49.9 |
Demonstrated evidence of developing achievement of course learning outcomes Course grade description: Demonstrates superficial or partial or faulty understanding of the fundamental concepts of the field of study and limited ability to apply these concepts; presents undeveloped or inappropriate or unsupported arguments; communicates information or ideas with lack of clarity and inconsistent adherence to the conventions of the discipline. |
| 4 (Pass) | 50 - 64.49 |
Demonstrated evidence of functional achievement of course learning outcomes. Course grade description: Demonstrates adequate understanding and application of the fundamental concepts of the field of study; develops routine arguments or decisions and provides acceptable justification; communicates information and ideas adequately in terms of the conventions of the discipline. |
| 5 (Credit) | 64.5 - 74.49 |
Demonstrated evidence of proficient achievement of course learning outcomes. Course grade description: Demonstrates substantial understanding of fundamental concepts of the field of study and ability to apply these concepts in a variety of contexts; develops or adapts convincing arguments and provides coherent justification; communicates information and ideas clearly and fluently in terms of the conventions of the discipline |
| 6 (Distinction) | 74.5 - 84.49 |
Demonstrated evidence of advanced achievement of course learning outcomes. Course grade description: As for 5, with frequent evidence of originality in defining and analysing issues or problems and in creating solutions; uses a level, style and means of communication appropriate to the discipline and the audience. |
| 7 (High Distinction) | 84.5 - 100 |
Demonstrated evidence of exceptional achievement of course learning outcomes. Course grade description: As for 6, with consistent evidence of substantial originality and insight in identifying, generating and communicating competing arguments, perspectives or problem solving approaches; critically evaluates problems, their solutions and implications. |
Additional course grading information
All pieces of assessment must be submitted to be eligible to pass the course.ﾠ
Supplementary assessment
Supplementary assessment is available for this course.
In the case of a student requiring a supplementary assessment for this course, the supplementary assessment will be determined to address those components of the course assessment where the student has yet to demonstrate achievement of the required learning objectives. The supplementary assessment will be graded against a marking rubric which will be made available with the release of the supplementary assessment item. The marking rubric will be reflective that a grade of 4 is the highest grade possible in a course where supplementary assessment has been granted.
Additional assessment information
Penalty for Word Count Outside Required Length
Students can gain advantage through submitting written pieces that are longer than the specified word limit in the assessment instruction/criteria. For this reason, it is necessary to include deterrents to these practices to ensure fairness and equity. A word count that is within 10% of the set length (word limit) is acceptable. A word count that is outside these 10% will be penalised through a reduction of 10% of the total mark available for the assessment.
Please note that in-text citations are included in your word count. The reference list is not included in your word count.
Learning resources
You'll need the following resources to successfully complete the course. We've indicated below if you need a personal copy of the reading materials or your own item.
Library resources
Find the required and recommended resources for this course on the UQ Library website.
Additional learning resources information
Student Email
Students are provided with a UQ email account and must monitor the account whilst enrolled at UQ. Please see the Information Communication Technology Policy and the Personal use of UQ email section in the Acceptable use of ICT Resources guideline for information regarding the appropriate use of email. Students must use their UQ email account for all correspondence with academic staff.
You may forward your student email to another email address (https://my.uq.edu.au/information-and-services/information-technology/email/managing-student-email/forwarding-student-email), but it is your responsibility to ensure that you receive your email. Any email which is sent to your student address is deemed to have been received. Even if you forward your email, it is strongly recommended that you check your student account regularly.
Learning activities
The learning activities for this course are outlined below. Learn more about the learning outcomes that apply to this course.
Filter activity type by
Please select
| Learning period | Activity type | Topic |
|---|---|---|
Week 1 (22 Jul - 28 Jul) |
Lecture |
W1: Introducing social work & the legal context Welcome to SWSP2066! This lecture will provide an overview of the aims and objectives of SWSP2066, as well as the course structure and assessment. We will also start to explore the relevance of the legal context to social work practice. |
Week 2 (29 Jul - 04 Aug) |
Lecture |
W2: Legal roles/responsibilities of social workers In this lecture we will critically examine the legal roles and responsibilities of social workers. In doing so, we will consider the various ways a social worker may be involved in court proceedings. As part of our discussions we will reflect on our professional values and ethics, particularly in relation to managing information. |
Tutorial |
W2: Legal roles/responsibilities of social workers In this tutorial we explore the duties and responsibilities of social workers in more detail. We will compare and contrast the social work role with that of legal practitioners. |
|
Week 3 (05 Aug - 11 Aug) |
Lecture |
W3: Sources of law & court hierarchies The AASW Practice Standards (2023) requires social workers to demonstrate an understanding of relevant legislation governing practice and the legal frameworks which inform and mandate practice. This lecture will introduce some key components of Australia's legal context. In particular, we will look at sources of law and court hierarchies. The relevance of the law for social work practice will also be explored. |
Tutorial |
W3: Sources of law & court hierarchies In the tutorial we will continue our exploration of the sources of law, court structures and the implications of these for social work practice. |
|
Week 4 (12 Aug - 18 Aug) |
Lecture |
W4: Human rights & (anti)discrimination law The law can serve to protect human rights, but it can also act as a source of discrimination and human rights violations (Libesman & Briskman, 2018; Maylea, 2020). In this lecture we consider international, federal and state laws that are related to human rights and (anti)discrimination. |
Tutorial |
W4: No tutorials due to public holiday No tutorial due to EKKA public holiday |
|
Week 5 (19 Aug - 25 Aug) |
Lecture |
W5: First Nations people & the law The AASW Code of Ethics (2020, p.4), states that "social workers commit to acknowledge and understand the historical and contemporary disadvantage experienced by Aboriginal and Torres Strait Islander peoples" and the implications of this for social work practice. In this lecture we critically examine the impact of past and present legislation and legal processes on Aboriginal and/or Torres Strait Islander peoples and reflect on the role of social workers within this context. |
Tutorial |
W5: First Nations Australians and the Law In this tutorial we find out more about Murri Court |
|
Week 6 (26 Aug - 01 Sep) |
Lecture |
W6: Families, children & the law Children and their families can come into contact with the legal system due to family separation and/or child protection concerns. This lecture introduces both family law (eg. divorce, parenting orders) and child protection legislation. In our discussion, we will explore the similarities and differences between these pieces of legislation and associated legal processes. We will also consider the rights of children within this context and examine the roles and responsibilities of social workers in this field. |
Tutorial |
W6: Families, children & the law In the tutorial we will use a case study to continue our exploration of child protection legislation and associated legal processes. |
|
Week 7 (02 Sep - 08 Sep) |
Lecture |
W7:The legal context of domestic & family violence Social workers often work with people who have experienced domestic and family violence (DFV), as well as those who have perpetrated DFV. This lecture provides an introduction to the relevant legislation and legal processes, as well as key practice considerations involved in responding to DFV. |
Tutorial |
W7:The legal context of domestic & family violence In the tutorial we will use a case study to help us look at the process for applying for a domestic violence order. |
|
Week 8 (09 Sep - 15 Sep) |
Lecture |
W8: Criminal law & youth justice "Social workers work with people throughout the criminal legal system in a variety of roles...To work effectively across different areas of practice, social workers will need to understand how the criminal legal system works" (Mayela, 2020, p.145). In this lecture we will explore relevant legislation and legal processes relating to criminal law. We will consider the similarities and differences between the adult criminal legal system and the youth justice system. |
Tutorial |
W8: Criminal law & youth justice In the tutorial we will continue our exploration of youth justice using a case study. |
|
Week 9 (16 Sep - 22 Sep) |
Lecture |
W9: Mental health & the law Mental health law is "a complex and contested area, one in which the principles of right to treatment and protection compete with self-determination and individual civil liberties" (Bland et al., 2009, p.85). In this lecture we consider the objects and key principles of the Mental Health Act 2016 (Qld), as well as the role of the Mental Health Court and Mental Health Review Tribunal. We will also briefly consider the legislative framework for forensic mental health. |
Tutorial |
W9: Mental health & the law In the tutorial we will look at a case study focused on mental health and the law. |
|
Week 10 (30 Sep - 06 Oct) |
Lecture |
W10: Decision-making capacity & adult guardianship "All adults have the right to make their own decisions...When a person cannot make decisions independently or with the support of others, there are legal provisions that allow others to be appointed to make decisions on their behalf" (Maylea, 2020, p.217). In this lecture we will introduce the concept of 'decision-making capacity' and explore the legislation and legal processes associated with adult guardianship and administration. We consider the roles of social workers within this practice context. |
Tutorial |
W10: Decision-making capacity & adult guardianship In the first part of the tutorial we will continue our exploration of the laws and legal processes associated with decision-making capacity and adult guardianship. |
|
Week 11 (07 Oct - 13 Oct) |
Lecture |
W11:Homelessness & Social Security "It is important for social workers to recognise the various ways in which the legal system can serve to place a person at risk of homelessness or present barriers for a person to exit homelessness" (Schetzer, 2018 p.224). In this lecture we explore some of the ways in which the law can have a disproportionate impact on those who experience homelessness. We also consider the operation of laws regarding eligibility for social security and associated appeals processes. |
Tutorial |
Week 11: Housing/homelessness and social security In this tutorial we continue our exploration of the legal context of housing/homelessness and social security |
|
Week 12 (14 Oct - 20 Oct) |
Lecture |
W12: Changing the law & course summary In this lecture we will start by considering how we can advocate to have laws changed. The lecture concludes with a review the key course learnings. |
Tutorial |
W12: Preparing your final assessment In this tutorial will do activities that will help you with the response to case study component of your final assignment. |
|
Week 13 (21 Oct - 27 Oct) |
Lecture |
W13: Court reports and your final assignment COURT REPORTS: In this lecture we consider the purpose and structure of court reports. This relates directly to assessment task 2. |
Tutorial |
W13: Court reports and your final assignment Our final tutorial activity is focused on writing court reports. This tutorial activity is specifically designed to help you with your final assessment task. |
Policies and procedures
University policies and procedures apply to all aspects of student life. As a UQ student, you must comply with University-wide and program-specific requirements, including the:
- Student Code of Conduct Policy
- Student Integrity and Misconduct Policy and Procedure
- Assessment Procedure
- Examinations Procedure
- Reasonable Adjustments - Students Policy and Procedure
Learn more about UQ policies on my.UQ and the Policy and Procedure Library.