Maintain Legal And Ethical Work Practices

Maintain Legal and Ethical Work Practices

To way the introduction
As a community services worker, we have legal obligations to our self, our client and their family, the organisation in which we work, and our work colleagues. In order to meet these obligations, we need to know the laws that relate to our work and ensure that we carry out our duties in accordance with those laws.

It isimportant to gain fundamental knowledge of our legal system in order to understand what legal requirements are relevant to our work role. In Australia, there are two main sources of law – Common law and Legislation. International treaties and conventions are also an important influence on the formation of our laws.

Legislation and regulations are often incorporated into policy, procedures andguidelines which assist you in meeting your legal responsibilities and obligations. Policies, procedures and guidelines, whilst they are often based on law, are not classified as law.
In 2005 the Australian Bureau statistic showed that physical assaults against women most commonly occur in the home. The 46 % those women 46% were assaulted by a current or previous partner. (The Australian GovernmentSolicitor (AGS)2007)
Domestic violence is a crime and must be responded to as such. The perpetrator is solely responsible for domestic violence.
In NSW, many forms of domestic violence offences are determined as criminal acts.
The NSW legislation aims to protect those who are experiencing or at risk of domestic and family violence.
Domestic Violence Laws in Australia provides an overview ofCommonwealth, State, Territory and New Zealand legislation and will be used to develop the Australian Government's National Plan to Reduce Violence Against Women and their Children. The report also provides an analysis of overlaps and potential gaps between the Family Law Act 1975 and State and Territory domestic violence protection orders, thereby affording a valuable basis for the Australian andNew South Wales Law Reform Commissions' inquiry into the interaction of domestic violence laws, which was a key recommendation of Time for Action: The National Council's Plan to Reduce Violence Against Women and their Children 2009-2021.
The legal system in NSW has two ways of responding to domestic and family violence: preventing future violence, through apprehended domestic violence orders(ADVOs), and dealing with crimes that have already occurred. If there is evidence that a crime has been committed, a defendant will be charged with a criminal offence. (Crimes (Domestic and Personal Violence) Act 2007)
Every person has inherent dignity and value. Human rights help us to recognise and respect that fundamental worth in ourselves and in each other.
Domestic violence must be understoodin the context of unequal relations of power between men and women and children. In the patriarchal structures of our society, men have greater access to power than do women or children.
Domestic violence is the result of this unequal power relationship and it also reinforces it. Those who perpetrate domestic violence often believe they have a 'right' to control and coerce women and children.Domestic violence includes physical, verbal and emotional abuse, stalking, abduction and confinement, deprivation of cultural and spiritual rights, humiliation, harassment, intimidation, denial of access to money and resources, isolation from support, sexual abuse and assault including rape and incest, threat of or actual abuse, and, as part of the continuum of violence, murder.
People have a rightto respect and dignity, assistance to become as self-reliant as possible, education, training and work, family and social life and protection from discrimination. (Human Rights and Equal Opportunity Commission Act 1996, (Commonwealth. No.126, 1986))
Domestic violence is a violation of human rights. It is a crime against the individual and against society. Domestic violence is a problem for the...