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  2. Legal and Ethical Practice [SWK4110]

School: Arts and Humanities

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

  • Unit Title

    Legal and Ethical Practice

  • Unit Code

    SWK4110

  • Year

    2016

  • Enrolment Period

    1

  • Version

    1

  • Credit Points

    15

  • Full Year Unit

     N

  • Mode of Delivery

    On Campus
    Online

Description

This unit explores the legal, professional and ethical opportunities and constraints of social work practice. Students will consider the tensions and dilemmas of socio-legal practice through an examination of social work interventions in selected settings in contemporary Australia, with specific reference to rural, regional and remote (RRR) issues. This unit will also examine the role of law reform and the relationship between the law and ethical practice. Students will critically analyse and deliberate on ethical and legal issues in social work professional practice.

Learning Outcomes

On completion of this unit students should be able to:

  1. Analyse dynamics of power, access to resources, and the impact of difference in the exercise of professional ethical obligations.
  2. Assess the philosophical and ethical base shaping the formation of the law and how these relate to the ethical principles of the Australian Association of Social Work.
  3. Demonstrate an understanding of negligence, conflicts of interests, limits of own expertise, and confidentiality with respect to social work practice.
  4. Develop original analyses and practice responses to ethical dilemmas in professional practice.
  5. Identify the major Commonwealth and State legal structures and describe their respective jurisdictions.

Unit Content

  1. Codes of Ethics.
  2. Conflicts of interest and the limits of expertise.
  3. Ethics and power in the professional relationships.
  4. Exploring challenges to ethical choices in practice.
  5. Guidelines for ethical decision-making.
  6. Identifying the legal bases and influences in social work practice.
  7. Introduction to criminal law and social work.
  8. Negligence, issues of confidentiality and informed consent.
  9. Overview of the legal system in Australia.
  10. State and Federal law and the family.

Additional Learning Experience Information

Lectures, tutorials, discussion groups, case studies, guest speakers and audiovisual resources.

Assessment

GS1 GRADING SCHEMA 1 Used for standard coursework units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.

ON CAMPUS
TypeDescriptionValue
VivaOral exam50%
Case StudyCase Study50%
ONLINE
TypeDescriptionValue
VivaOral exam50%
Case StudyCase Study50%

Text References

  • Sourdin, T. (2004). Alternative dispute resolution and the court. Leichhardt, NSW: Federation Press.
  • Bartlett, R.H. (2004). Native title in Australia. (2nd ed.). Sydney: LexisNexis Butterworths.
  • Bottomley, S., & Parker, S. (1997). Law in context. (2nd ed.). Leichhardt, NSW: Federation Press.
  • Brayne, H., & Carr, H. (2005). Law for social workers. (9th ed.). Oxford; New York: Great Clarendon Street.
  • Charlesworth, S., Foreman, L., & Turner, J.N. (1990). Lawyers, social workers and families. Sydney: Federation Press.
  • Dalrymple, J. & Burke, B. (1999). Anti-oppressive practice: Social care and the law. Buckingham: Open University Press.
  • Wexler, D.B., & McMahon, M. (2003). Therapeutic jurisprudence. (Special of Law in Context. Vol.20(2). (2002 ed.). Leichhardt, NSW: Federation Press.
  • Jones, M. & Basser Marks, L.A. (2000). Explorations on law and disability in Australia. Leichhardt, NSW: Federation Press.
  • Katter, N.A. (1999). Duty of care in Australia. Pyrmont, NSW: LBC Information Services.
  • Laster, K., & Arup, C. (2001). For the public good: Pro bono and the legal profession in Australia. Leichhardt, NSW: Federation Press.
  • Murray, J. (2005). Work, family and the law. Leichhardt, NSW: Federation Press.
  • Taylor, S.P. (2005). Nationality, refugee status and state protection: Explorations of the gap between man and citizen. Leichhardt, NSW: Federation Press.
  • Israel, M., & Goldsmith, A.J. (2000). Criminal justice in diverse communities. Leichhardt, NSW: Federal Press.

Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

SWK4110|1|1

School: Arts and Humanities

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

  • Unit Title

    Legal and Ethical Practice

  • Unit Code

    SWK4110

  • Year

    2016

  • Enrolment Period

    2

  • Version

    1

  • Credit Points

    15

  • Full Year Unit

     N

  • Mode of Delivery

    On Campus
    Online

Description

This unit explores the legal, professional and ethical opportunities and constraints of social work practice. Students will consider the tensions and dilemmas of socio-legal practice through an examination of social work interventions in selected settings in contemporary Australia, with specific reference to rural, regional and remote (RRR) issues. This unit will also examine the role of law reform and the relationship between the law and ethical practice. Students will critically analyse and deliberate on ethical and legal issues in social work professional practice.

Learning Outcomes

On completion of this unit students should be able to:

  1. Analyse dynamics of power, access to resources, and the impact of difference in the exercise of professional ethical obligations.
  2. Assess the philosophical and ethical base shaping the formation of the law and how these relate to the ethical principles of the Australian Association of Social Work.
  3. Demonstrate an understanding of negligence, conflicts of interests, limits of own expertise, and confidentiality with respect to social work practice.
  4. Develop original analyses and practice responses to ethical dilemmas in professional practice.
  5. Identify the major Commonwealth and State legal structures and describe their respective jurisdictions.

Unit Content

  1. Codes of Ethics.
  2. Conflicts of interest and the limits of expertise.
  3. Ethics and power in the professional relationships.
  4. Exploring challenges to ethical choices in practice.
  5. Guidelines for ethical decision-making.
  6. Identifying the legal bases and influences in social work practice.
  7. Introduction to criminal law and social work.
  8. Negligence, issues of confidentiality and informed consent.
  9. Overview of the legal system in Australia.
  10. State and Federal law and the family.

Additional Learning Experience Information

Lectures, tutorials, discussion groups, case studies, guest speakers and audiovisual resources.

Assessment

GS1 GRADING SCHEMA 1 Used for standard coursework units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.

ON CAMPUS
TypeDescriptionValue
VivaOral exam50%
Case StudyCase Study50%
ONLINE
TypeDescriptionValue
VivaOral exam50%
Case StudyCase Study50%

Text References

  • Wexler, D.B., & McMahon, M. (2003). Therapeutic jurisprudence. (Special of Law in Context. Vol.20(2). (2002 ed.). Leichhardt, NSW: Federation Press.
  • Taylor, S.P. (2005). Nationality, refugee status and state protection: Explorations of the gap between man and citizen. Leichhardt, NSW: Federation Press.
  • Sourdin, T. (2004). Alternative dispute resolution and the court. Leichhardt, NSW: Federation Press.
  • Murray, J. (2005). Work, family and the law. Leichhardt, NSW: Federation Press.
  • Laster, K., & Arup, C. (2001). For the public good: Pro bono and the legal profession in Australia. Leichhardt, NSW: Federation Press.
  • Katter, N.A. (1999). Duty of care in Australia. Pyrmont, NSW: LBC Information Services.
  • Bartlett, R.H. (2004). Native title in Australia. (2nd ed.). Sydney: LexisNexis Butterworths.
  • Israel, M., & Goldsmith, A.J. (2000). Criminal justice in diverse communities. Leichhardt, NSW: Federal Press.
  • Dalrymple, J. & Burke, B. (1999). Anti-oppressive practice: Social care and the law. Buckingham: Open University Press.
  • Charlesworth, S., Foreman, L., & Turner, J.N. (1990). Lawyers, social workers and families. Sydney: Federation Press.
  • Brayne, H., & Carr, H. (2005). Law for social workers. (9th ed.). Oxford; New York: Great Clarendon Street.
  • Bottomley, S., & Parker, S. (1997). Law in context. (2nd ed.). Leichhardt, NSW: Federation Press.
  • Jones, M. & Basser Marks, L.A. (2000). Explorations on law and disability in Australia. Leichhardt, NSW: Federation Press.

Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

SWK4110|1|2