7944 version 4
28-Jun-16
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PROFESSIONAL DEVELOPMENT OF
SOCIAL SERVICE WORKERS
Explain legal structures and laws for
social service practice
level:
5
credit:
9
planned review date:
June 2006
sub-field:
Social Services
purpose:
This is a theory unit standard for social service workers.
People credited with this unit standard are able to: explain
the role and operation of law and law making bodies in
Aotearoa New Zealand; explain how laws are changed in
Aotearoa New Zealand and how to contribute to law change;
explain how to locate laws related to social services and how
to access legal services in Aotearoa New Zealand; and
explain legal responsibilities of a social service worker in
Aotearoa New Zealand.
entry information:
Open.
accreditation option:
Evaluation of documentation and visit by NZQA, industry and
teaching professional in the same field from another
provider.
moderation option:
A centrally established and directed national moderation
system has been set up by Community Support Services ITO
Limited (Careerforce).
special notes:
1
People awarded credit in this unit standard are able to
explain the application of Te Tiriti o Waitangi in the
social services, and are able to apply this competence
to the context of assessment for this unit standard (for
further clarification, please refer to Unit 7927, Explain
the application of Te Tiriti o Waitangi in the social
services).
 New Zealand Qualifications Authority 2016
7944 version 4
28-Jun-16
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PROFESSIONAL DEVELOPMENT OF
SOCIAL SERVICE WORKERS
Explain legal structures and laws for
social service practice
2
Social service workers are required to apply knowledge
of professional legal responsibilities which are derived
from statutes and the common law. They also require a
knowledge of laws that give effect to social policy and
mandate the provision of social services. It is not
essential for people credited with this standard to know
all statutes and common law related to the social
services.
3
Glossary
Law related to confidentiality and privacy includes Official Information Act 1982, Privacy Act 1993,
Evidence Amendment Act (No 2) 1980, Health
Information Privacy Code 1994.
Legal responsibilities of a social service worker include
statutory roles, functions, and responsibilities.
Legislation listed in this unit standard includes:
Children, Young Persons and Their Families Act 1989,
Criminal Justice Act 1985, and Mental Health
(Compulsory Assessment and Treatment) Act 1992.
4
Resources:
Law Commission – Te Aka Matua o Te Ture. 2001.
Study Paper 9 - Māori Custom and Values in New
Zealand Law. Wellington: Law Commission – Te Aka
Matua o Te Ture. (in particular, Chapter 3). This is
available for download from the Law Commission's web
page:
http://www.lawcom.govt.nz/
The address for the GP Legislation web site, where
Acts can be browsed for no charge, and downloaded
for a fee is: http://www.gplegislation.co.nz/
 New Zealand Qualifications Authority 2016
7944 version 4
28-Jun-16
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PROFESSIONAL DEVELOPMENT OF
SOCIAL SERVICE WORKERS
Explain legal structures and laws for
social service practice
Elements and Performance Criteria
element 1
Explain the role and operation of law and law making bodies in Aotearoa New Zealand.
Range:
law making bodies - Legislature, Executive, Judiciary, local government.
performance criteria
1.1
The role of law in society is explained in terms of its purposes and
characteristics.
Range:
1.2
The explanation outlines the main features of Māori custom law.
Range:
1.3
purposes - conflict resolution; social order; protection of persons
and property; legitimisation and administration of social policy;
legitimisation of social services;
characteristics – evidence is required of the rule of law, and
distinctions between law, customs, ethics, and morals.
main features of Māori custom law – tikanga Māori as law; values
underlying tikanga Māori as law; treatment of Māori custom law by
the legal system since colonisation.
The explanation outlines the law making bodies within the Westminster system
of government in Aotearoa New Zealand in terms of their functions, jurisdiction,
types of laws made, and the relationships of law making bodies to each other.
Range:
law making bodies - Legislature, Executive, Judiciary, local
government;
functions - making laws, administering laws, enforcing laws;
types of laws made - statutes, statutory regulations, case law, bylaws;
relationships to each other - separation of powers, hierarchy of the
Courts, the doctrine of precedent.
 New Zealand Qualifications Authority 2016
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PROFESSIONAL DEVELOPMENT OF
SOCIAL SERVICE WORKERS
Explain legal structures and laws for
social service practice
1.4
The description outlines the membership of law making bodies within the
Westminster system of government in Aotearoa New Zealand.
Range:
1.5
membership – Governor General, Members of Parliament,
Cabinet, political parties, Prime Minister, Leader of the Opposition,
Speaker, public servants, Judges, local body councillors.
The explanation includes an analysis of how representative the membership of
law making bodies is in terms of the makeup of society in Aotearoa New
Zealand.
Range:
representative – Te Tiriti o Waitangi, cultural origin of members,
gender.
Evidence is required in relation to one law making body.
element 2
Explain how laws are changed in Aotearoa New Zealand and how to contribute to law
change.
performance criteria
2.1
The roles of Government Departments and Ministries are explained in terms of
their influence on law making processes in Aotearoa New Zealand.
2.2
The role of law reform bodies is explained in terms of their influence on law
making processes in Aotearoa New Zealand.
Range:
2.3
law reform bodies - Law Commission, Law Reform Division of the
Ministry of Justice, Royal Commissions, committees of Parliament.
Evidence is required in relation to one of the range.
The ways in which laws are changed are explained in terms of the processes by
which citizens can influence law changes.
Range:
processes - cultural, economic, political, and social pressure;
lobbying; petitions; submissions.
element 3
 New Zealand Qualifications Authority 2016
7944 version 4
28-Jun-16
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PROFESSIONAL DEVELOPMENT OF
SOCIAL SERVICE WORKERS
Explain legal structures and laws for
social service practice
Explain how to locate laws related to social services and how to access legal services in
Aotearoa New Zealand.
performance criteria
3.1
Access to legislation is explained in terms of their available locations for reading
and purchase by the public.
Range:
3.2
Access to legal services is explained in terms of private and publicly funded
sources.
Range:
3.3
available locations include but are not limited to - law libraries;
public libraries; bookshops that stock statutes, statutory
regulations and by-laws for sale; the Volumes of New Zealand
Statutes; GP Legislation web site.
legal services - barristers and solicitors in private practice; New
Zealand and District Law Societies; Duty Solicitor; Criminal and
Civil Legal Aid; government department legal services; Citizens
Advice Bureaux; Community and Neighbourhood Law Centres.
Accessibility issues are explained in terms of potential barriers to access for
legal services clientele.
Range:
accessibility issues - awareness of legal services, cultural and
gender issues, geographical issues, language and other
communication issues.
Evidence is required of two accessibility issues.
element 4
Explain legal responsibilities of a social service worker in Aotearoa New Zealand.
performance criteria
4.1
The legal responsibilities of a social service worker are explained in terms of the
Children, Young Persons and Their Families Act 1989, Criminal Justice Act
1985, and Mental Health (Compulsory Assessment and Treatment) Act 1992.
 New Zealand Qualifications Authority 2016
7944 version 4
28-Jun-16
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PROFESSIONAL DEVELOPMENT OF
SOCIAL SERVICE WORKERS
Explain legal structures and laws for
social service practice
Range:
4.2
evidence is required of the main responsibilities of social service
workers under the statutes listed, rather than a detailed
examination of each section of each act.
The legal responsibilities of a social service worker with regard to personal and
official information are explained according to law related to confidentiality and
privacy.
Comments to:
Careerforce
PO Box 2637
Wellington 6140
Please Note:
Providers must be accredited by the Qualifications Authority
before they can offer programmes of education and training
assessed against unit standards.
Accredited providers assessing against unit standards must
engage with the moderation system that applies to those unit
standards. [Please refer to relevant Plan ref: 0222]
 New Zealand Qualifications Authority 2016