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Case Study 1

1. Advocacy organisation

Max should use Children with Disability Australia (CDA). The organisation has the authorization to advocate for children with disability. The organisation advocates for the rights of children with disability to ensure they are given the same opportunity to participate or be included in the Australian society. Accordingly, CDA will listen to Max and send its officials to Shaun’s school to investigate the issue with the intention of ensuring that Shaun is provided with equal opportunities, as the normal children, for inclusion or participation in games.

CDA also educates national public policy-makers and the broader community about the experiences of children and young people with disability. The organisation will intervene on behalf of Shaun as regards the suitability of the schools Duty of Care policy, and how it is frustrating the rights of Shaun to be included in the society. This would be based on the Australian Education Act 2013, which seeks to ensure that Australian schools provide an excellent education for school students as well as they are equitable.

Through its systematic advocacy role, CDA may intervene to change the schools Duty of Care policy or to change the school’s attitudes towards caring for the disabled.

2. Legal requirement for advocating on Shaun’s behalf

Max, with the help of CDA, may use the Disability Discrimination Act 1992 to advocate for the rights of Shaun. The legislation upholds and protects the equality of individuals with disability and criminalises discrimination against children (or individuals) in different settings, such as the education. Hence, the Act provides that an individual with a disability, such as Shaun who has hearing impairment, has a right to study and participate in school activities in the same way as the normal students. Therefore, the Act would make it against the law for the school authorities to discriminate against Shaun because he has hearing impairment (Arnott 45).. Hence, the law allows advocating on Shaun’s behalf to ensure that the school offers him similar educational opportunities as the normal children.

Case Study 2

1. Plan for managing the situation

  • Approach Mr and Mrs Smith and introduce myself

  • Secure informed consent from Mr Smith and Mrs Smith to advocate for Mrs Smith

  • Survey the problems facing Mrs Smith, such as how she is neglected

  • Summarize the results and prepare reports as regards how Mrs Smith is neglected.

  • Communicate the results to a powerful organizations to intervene on behalf of Mrs Smith

  • Discuss with Mrs Smith the options she has for dealing with the situation.

  • Supports Mrs Smith through the complaints process

  • Make a referral to an advocacy service and monitor the situation by liaising with the advocate (Arnott 45)..

2. Letter for advocacy

Dear Sir/Madam,

I wish to express certain concerns as regards Mrs Smith. The nursing home staff is guilty of negligence of duty as, they have failed to attend to her toileting. Mrs Smith has therefore lost confidence in the health provider and feels distressed. She has also experienced communication challenges, including concerns where timeframes have not been met and the health service provide failing to provide for her needs at expected time. Under Code of Ethics for Nurses in Australia, the medical staff has breached Value statement 1, which requires that nurses should give precedence to quality nursing care for all categories people (Australian College of Nursing 2). After talking with Mrs Smith and her husband, it is clear that the two want assurance that the health staff is profession, competent and will take care of Mrs Smith’s needs. I would therefore recommend active monitoring, where the staff would work alongside Mrs Smith’s family all the time, as well as be accessible whenever there is a need.

3. a) Monitor

Maintain a regular contact with hospital through phone call. Make regular visits

b) I will keep Mr and Mrs Smith informed of the complaints process by regularly visiting them to inform them of any progress.

When there has not been any feedback after three months, I will liaising with hospital to find out their position on the issue and discuss about the possible legal implications.

Case study 4

1. The information would still be useful to Penny. Australia has historically used fairly uniform model for legislations related to protecting persons with disability to attain significant social equity objectives by preventing discrimination. The legislations, since the 1980s, are largely anchored in human rights law analysis of equality and prevention of systematic discrimination. At that time, the key legislation was Disability Services Act 1986 (DSA).

2. Information useful to Penny

The most relevant information would be that associated with discrimination of the disabled persons. The legislations are aimed at tackling overt discrimination and unconscious bias against the disabled persons. Today, a key legislations is Disability Discrimination Act 1992 (DDA).

Case Study 5

1. Do you think Clint could advocate for himself

No, Clint cannot advocate for himself. Clint’s capacity to express himself is in doubt. This justifies a need to advocate on behalf of Clint (Law Society Of New South Wales 1). He cannot right and cannot express himself as he becomes nervous while taking to people to a point that he cannot state his needs coherently.

Clint also loses temper once he realises that people t o not understand him, and may be violent. There also appears to a conflict of interest between Clint and his mother as regards promoting professional and personal interests instead of advocating for Clint’s rights (Law Society Of New South Wales 1-2). For these reasons, confronting Clint require a level of “advocacy power” that is beyond his mother, as it requires professionalism.

2. Intervention

One way Clint can be assisted is through the provision of information as regards his rights and responsibilities. The disability support worker may undertake an empowering role of providing information to Clint, under Disability Act 2006, which requires provision of information to individuals with disabilities in a manner that best enables him to understand his rights and responsibilities. It would be sensitive to suggest to Clint that there are concerns regarding his capacity to make his own decisions by explaining to him the legal need to ensure that his capacity is adequate (Arnott 45).

3. Work practices

Developing a code of practice with details of the values and aspects for professional practice, which are vital for generating high quality outcomes for clients. The entire staff should be made aware of these codes. The work policies should as well promote professional approach (such as working in the right mental state without influence of alcohol) to work by the staff. Only employees with professional approach should be recruited and those without the approach should be trained. Regular meetings should also be carried out to reflect on the effectiveness of work practices and to suggest improvements.

Works cited

Arnott, Geoff. «The Disability Support Worker.» Pearson Higher Education AU: New York, 2011

Australian College of Nursing. «Code of Ethics for Nurses in Australia.” Nursing and Midwifery Board of Australia: Melbourne, 2008

Law Society Of New South Wales. «When a client’s capacity is in doubt: A Practical Guide for Solicitors,” 2009. 26 Feb 2016, <https://www.lawsociety.com.au/cs/groups/public/documents/internetcontent/023880.pdf>