Questions and Answers
What do social workers need to understand regarding legislation?
Relevant legislation governing practice in diverse areas.
What year marks the arrival of the first Governor of Australia?
1788
Common law is based on the unique customs of each local community.
True
Which of the following is NOT a type of legal source in Australia?
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What does Aboriginal Customary Law focus on?
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What was a significant outcome of the 1967 referendum in Australia?
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Match the following arms of the Federal Constitution with their roles:
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The doctrine of precedent ensures consistency and reliability in the law.
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What is one of the concepts introduced by the Magna Carta?
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Study Notes
Law and Social Work
- Social workers must grasp legislation relevant to their practice and its effects on individuals.
- This unit emphasizes laws pertinent to social work, highlighting the legal system's interaction with outreach efforts.
- Understanding legal knowledge and skills is crucial for effective work in legal contexts across different populations.
History and Development of Australian Law
Origins of Australian Law
- Australian law is derived from British law, established in 1788 when Governor Arthur Philip arrived.
- The British imported a system of customary laws originating from the feudal era in England.
Common Law
- British legislation was rooted in the customs of local communities.
- Cases beyond these customs were referred to judges, forming the basis of common law.
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Magna Carta exemplifies common law principles, including:
- Detention requires formal charges.
- No individual is above the law.
- Transparent processes for appeals must exist.
Introduction to Legal Sources
Legal Sources in Australia
- Customary Law: Grounded in Indigenous cultures, often unwritten and orally transmitted.
- Statutory Law: Enacted by legislative bodies and documented in written form.
- Case Law (Common Law): Evolved through judicial decisions on specific cases.
Customary Law
- Aboriginal Customary Law reflects collective ownership and traditional punitive measures.
- British denial of these systems as "Terra Nullius" led to severe injustices for Indigenous peoples.
- Legal recognition of customary law was achieved through landmark cases like Mabo (No 2) and the Native Title Act 1993.
Recognition of Customary Law
- The 1986 Australian Law Reform Commission recommended acknowledgment of customary law, provided it aligns with general law and justice.
Statutory Law
The Commonwealth Constitution
- Establishes a federal government system comprising a Federal government, six States, and two Territories.
- Outlines the Parliament's roles and the challenges in amending the Constitution.
Constitutional Change
- The 1967 referendum removed discriminatory language, officially recognizing Aboriginal and Indigenous peoples as "persons."
Federal Constitution: Three Arms of Power
- Legislature: Elected Parliament members tasked with law-making.
- Executive: Comprises the Prime Minister, senior ministers, and officials responsible for law implementation.
- Judiciary: Consists of judges and courts that interpret and apply laws.
Separation of Powers
- Upholds the rule of law via principles such as:
- No punishment without legal breach.
- Equality before the law.
- Presumption of innocence.
- Right to a prompt court appearance.
Case Law
Sources of Case Law (Common Law)
- Case Law emerges from common law rules, relying on judges' decisions and interpretations of legislation on a case-by-case basis.
Process of Case Law
- Judges interpret legislation using precedents, providing binding reasons (ratio decidendi) for lower courts.
- The doctrine of precedent (stare decisis) ensures legal consistency and reliability.
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Description
This quiz focuses on the laws relevant to social work practice. Students will explore the interaction between the legal system and social work, gaining essential knowledge and skills for effective practice. Understanding these key laws is crucial for social workers in diverse environments.
