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LAW00059 Welfare Law

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1.Linh married Bao ten years ago.  They live in NSW with their two children, Huynh (8 years old) and Gavin (6 years old). When Bao lost his job as an architect three years ago, he began drinking heavily and started berating Linh for her inability to keep the house clean and her lack of culinary skills.  On a few occasions, Bao threw his dinner plate across the dining table yelling at Linh that the food was inedible. Both Huynh and Gavin witnessed these events. Despite Linh increasing her shifts at the local hospital where she worked as a midwife, Bao controlled the family finances spending considerable amounts on his alcohol.  Sometimes they could barely pay the fortnightly rent. This was made harder recently when their landlord, Sandra, increased the rent from $280 a week to $360 a week.

Although the rent increased, Linh continued to have problems with the hot water system failing. Some windows did not open properly, a leak formed after a storm and damaged her lounge and the smoke detector malfunctions every few weeks always sounding its high-pitched alarm in the middle of the night.

With the broken sleep, Bao’s verbal comments have recently become nastier, including one comment threatening Linh’s life.  Bao’s behaviour is becoming more and more erratic.  To make things trickier for Linh, she is 4 months pregnant with their third child.

You work at the local hospital as a social worker and have noticed Linh become increasingly agitated.  After inviting Linh for a cup of tea, Linh reveals her current story and mentions that she is terrified of staying with Bao and terrified of leaving him.  Linh refers to another midwife she works with who was cross-examined by her abusive husband in their contested family law proceedings in the Family Court which was considering where the children would live.  Linh is certain she does not have the strength to survive such an experience.  The midwife Linh knows received victim’s compensation as a result of her abusive relationship.

  • What legal remedies are available to protect Linh and her children from Bao’s increasingly violent behaviour? Is Bao entitled to cross-examine Linh if their matter is contested in a future family law action?

  • What services can you recommend to Linh for more assistance and what information can you provide to her about entitlements to victim’s compensation?

  • Can Sandra increase Linh’s rent to $360/week?

  • Can Linh insist Sandra repair the hot water service or repair any of the other faults at the flat?

  • Any other appropriate considerations or referrals.

2.Aidre Wallace is a member of the Stolen Generations.  She was removed from her family as a young child and raised in an institution with considerable brutality.  As a result, she never experienced living in a healthy family nor sound parenting skills.  With her early experiences, Aidre learnt to fear anyone in authority.  Nonetheless, she raised three healthy children with her husband, Ron, who died 10 years ago. Since that time Aidre has been receiving the single age pension.  Soon after Ron’s death and given Aidre’s financial difficulties, a close friend moved into Aidre’s rental accommodation to provide emotional and financial support.  Johnathan and Aidre share household expenses, jointly own their fridge and other household furniture and are often seen out together.  They have separate bedrooms. 

Recently, a Centrelink employee knocked on Aidre’s door, showed her identification and asked if Aidre would answer some questions about her relationship with Johnathan.  Given Aidre’s apprehension when it comes to authority, she invited the employee in.  The following conversation occurred:

Employee: Do you and Johnathan share expenses?

Aidre: Yes

Employee: Do you talk to each other when you have problems?

Aidre: Yes

Employee: Have you been in this relationship since you began receiving the single age pension?

Aidre: Yes

Employee: Do you intend to continue this living arrangement into the future?

Aidre: Yes

Employee: If Johnathan needed financial support, would you provide it?

Aidre: Yes

Aidre’s neighbours were also interviewed about her relationship with Johnathan. Aidre has just received a letter from Centrelink raising a debt for the payment they say Aidre was not entitled to because she is in a marriage-like-relationship.  The letter also indicated she might be prosecuted for dishonestly obtaining a financial advantage from the Commonwealth.  Aidre is terrified she might go to jail.

Aidre was also told by her cousin who lives in Hervey Bay, Queensland that Aidre may soon be subject to a cashless welfare card due to recent proposed extensions to the trial.  Aidre lives in Lismore, NSW.

You are volunteering at an Aboriginal Health Service and have been asked to complete some initial investigations as to:

  • Where can you refer Aidre for legal advise about a possible criminal prosecution?

  • Whether Aidre can challenge the Centrelink’s decision and if so how?

  • Other social security payments Aidre might be entitled to?

  • Whether Aidre is entitled to compensation from the National Redress Scheme for those who have experienced child sexual abuse?

  • Aidre’s pension and whether it will be subject to a cashless welfare card?

  • Any other appropriate considerations or referrals.
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My Assignment Help (2021) Welfare Law [Online]. Available from: https://myassignmenthelp.com/free-samples/law00059-welfare-law/about-family-law-on-violence.html
[Accessed 14 April 2021].

My Assignment Help. 'Welfare Law' (My Assignment Help, 2021) <https://myassignmenthelp.com/free-samples/law00059-welfare-law/about-family-law-on-violence.html> accessed 14 April 2021.

My Assignment Help. Welfare Law [Internet]. My Assignment Help. 2021 [cited 14 April 2021]. Available from: https://myassignmenthelp.com/free-samples/law00059-welfare-law/about-family-law-on-violence.html.


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