Explore this Free Assignment Sample on LLAW2215: Social Workers Registration Act 2021 (SA) to see how statutory obligations, registration standards, fit and proper person requirements, and penalty provisions are applied in an Australian legal context. Get expert Assignment Help for LLAW2215 law assessments, legislative analysis, and well-referenced legal writing from experienced academic writers aligned with Australian university standards.
Duties and Compliance Under Social Worker Registration Act
Main Body
Implication Of Social Worker Registration Act 2021, (Sa)
The Department of Human Services aims to promote inclusion, community support, and independence and provide modern services. This organisation completely works for the people's welfare and resultantly promotes social work. Also, the organisation provides a wide range of services, grants and DHS disability services, and tries to maintain the effective development of the place [1]. It employs different types of social workers so that the promotion and upliftment of society take place and welfare is promoted. Thus, for the successful working of DHS, there is a requirement to comply with the Social Workers Registration Act 2021.
Employees meeting the appropriate standard
For the effective working of DHS, the employees or the social worker must be effectively following the standard. This is because of the reason that when the standard of this particular law is followed. According to the Social Workers Registration Act 2021, the person must be prescribed by the regulation and also must have sufficient practical experience while working for the social worker [2]. Moreover, it is also mandatory for the person that a determination of the board must be present and it must be published in the Gazette and related to the board website.
Work carried out by registered social workers
According to the Social Workers Registration Act 2021, the registered social worker has certain work which the social worker needs to do and perform. Along with this, the board must decide on the social work services which are going to be performed by the social worker. According to the guidance under this act, it is mentioned the scope of practice is clear and also the social worker has to follow this scope of practice, as only then can the working be improved [3]. Along with this, the social worker also has the work of helping and supporting the people who are suffering from the issue. Moreover, a social worker is allowed to think about poverty alleviation and also child welfare so that the overall development of society can take place. When the social worker fulfils all the requirements relating to the guide provided in the Social Workers Registration Act 2021 then it will be helpful to the company in managing the work well. Thus, when the duties of the social worker are fulfilled accordingly, then automatically the work will be improved and ultimately the overall work will be improved [4]. Also, for the successful working of the social worker, they must get them registered so that they can ethically work for the welfare of society and the community. Furthermore, according to this act, it is clear that for successful work, the worker needs to get themselves registered so that they perform in a much better way. When they are registered with the Social Workers Registration Act 2021, then they will have better knowledge and also they will be responsible and accountable for following all the regulatory guidelines provided in this act. Thus, complying with this act will help the DHS to have a better and more effective social worker and ultimately the overall work will be improved.
Fit and proper person requirement
Further, it is also necessary that the effective type of the requirement for a fit and proper person is met. In case it will not be managed well, then it will impact the overall working of the company and the result will not be met. For instance, when the social worker is not fit, then they will not be able to work properly and as a result, it will be impacting the overall efficiency of the business [5]. Thus, to ensure the fit and proper person requirement, the DHS needs to ensure that the person for social work does not have any ground on which a reasonable person can reach that conclusion. Moreover, these different grounds include facts like the person has not satisfied the boards that they can communicate relating to the purpose of practising as a social worker.
Along with this, for the fit and purpose, it is also the responsibility of DHS to ensure that the person is not convicted in any of the jurisdictions relating to any of the offences in the past 3 months of tenure. Moreover, another guideline states that the board must ensure that in case the person is unable to perform well, then the functions which are required to be practised by the social worker. In addition to this, for the fit and purpose, the effective type of good character or reputation must be included for the person. In case the reputation is not good for the person, then they will not be selected as the social care worker and will not be registered.
Breach of sections 36, 37 or 38
To ensure that the DHS is not in breach of sections 36, 37 and 38 the organisation must follow all the guidelines provided by these different sections. For section 36, the person cannot hold themselves as being registered and they cannot also permit any other person to do that particular activity. In case the person is registered under this act and they hold out themselves for not being registered, then a penalty of a maximum of $10000 will apply to that person. Moreover, section 37 outlines that the person can hold out the registration, which is subject to a particular condition [6]. It is due to the reason that in certain conditions the person does not hold themselves as the social worker, then they will be penalised and as a result of this, the overall efficiency is impacted to a great extent. In case the social worker breaches this fact, if they do not hold themselves as the social worker in a particular situation, then the person will be penalised with the maximum of $10000.
Along with this, section 38 relates to the restriction on the use of the title of social worker. This section states that a person must not knowingly use the title of social worker in any other sense. This is particularly because of the reason that when the person uses the title of the social worker in some other situation or for their benefit, then it is not good and this section is breached. In case the person is breaching this clause, then DHS is liable to charge the penalty of $60000 or 3 years of imprisonment or both, according to the situation. Also, in case the person induces in the mind of the second person that he is the social worker and the person is a registered social worker [7]. Thus, as a result of this, in case the social worker breaches this section, then they will be again penalised with the amount of $60000 or 3 years of imprisonment in the case of the natural person. In case the body corporate breaches this section, then they will have to pay the maximum penalty of $120000.
