22252 version 1 Page 1 of 4 Describe legal aspects of youth work Level 3 Credits 4 Purpose This is a theory unit standard for youth workers. People credited with this standard are able to describe the law-making bodies and legal system in Aotearoa New Zealand, and describe legal issues in youth work. Subfield Social Services Domain Youth Work Status Registered Status date 26 November 2007 Date version published 26 November 2007 Planned review date 31 December 2012 Entry information Open. Replacement information This unit standard replaced unit standard 16848. Accreditation Evaluation of documentation and visit by NZQA and industry. Standard setting body (SSB) Community Support Services ITO Limited (Careerforce) Accreditation and Moderation Action Plan (AMAP) reference 0222 This AMAP can be accessed at http://www.nzqa.govt.nz/framework/search/index.do. Special notes 1 People awarded credit for this unit standard are able to describe the meaning of the articles of Te Tiriti o Waitangi, and the relevance of Te Tiriti o Waitangi to youth work. They are able to apply this competence to the context of assessment against this unit standard. For further clarification, please refer to Unit 16844, Describe the meaning and relevance of Te Tiriti o Waitangi in youth work. New Zealand Qualifications Authority 2016 22252 version 1 Page 2 of 4 2 Legislation: Laws and codes related to confidentiality and privacy may include but are not limited to: Official Information Act 1982, Privacy Act 1993, one youth work agency code of conduct. Māori custom law is defined in the resource listed at special note 3a. Statutes related to youth work include but are not limited to: Care of Children Act 2004; Children, Young Persons, and Their Families Act 1989; Consumer Guarantees Act 1993; Criminal Justice Act 1985; Domestic Violence Act 1995; Education Act 1989 (provisions related to schooling, expulsions and suspensions); Employment Relations Act 2000; Human Rights Act 1993; Māori Trust Boards Act 1955; New Zealand Bill of Rights Act 1990; Residential Tenancies Act 1986; Te Ture Whenua Māori Act 1993. 3 Resources: a 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). Available online from the Law Commission (http://www.lawcom.govt.nz/). b Ministry of Youth Affairs. 2002. Youth development strategy Aotearoa – Action for child and youth development. Wellington: Ministry of Youth Affairs. Available online from the Ministry of Youth Development (http://www.myd.govt.nz), along with supporting documents. c Pawson, Marcus. 2002. (3rd ed.). Youth and the law: A comprehensive guide to the law relating to youth, from birth to adulthood. Wellington: Educational Resources for Legal Resources Trust. d YouthLaw – Tino Rangatiratanga Taitamariki has a variety of resources regarding the law and youth: http://www.youthlaw.co.nz. e On this website, Acts and other legislation can be browsed for no charge: http://www.legislation.govt.nz/. f United Nations Declaration of the Rights of the Child and Convention on the Rights of the Child, which may be found online at: http://www.unhchr.ch/html/intlinst.htm http://www.unicef.org/crc/. Elements and performance criteria Element 1 Describe the law-making bodies and legal system within Aotearoa New Zealand. Performance criteria 1.1 Māori custom law is outlined and distinguished from the post-colonisation legal system. 1.2 Law-making bodies within government in Aotearoa New Zealand are described in terms of their functions. Range law making bodies may include but are not limited to – Legislature, Executive, Judiciary, local government; functions may include but are not limited to – making laws, administering laws, enforcing laws. New Zealand Qualifications Authority 2016 22252 version 1 Page 3 of 4 1.3 The court system within Aotearoa New Zealand is described in terms of the jurisdiction of each court and its position in the hierarchy of courts. Range 1.4 court system – Supreme Court, Court of Appeal, High Court, District Court, Family Court, Youth Court. The Youth Court and the Family Court are described in terms of their processes. Range processes include but are not limited to – confidentiality of court proceedings; public and news media access to the court. Element 2 Describe legal issues in youth work. Performance criteria 2.1 The impact of legislation on youth and youth workers is described in terms of statutes related to youth work. Range impact of legislation on youth and youth workers may include but is not limited to – rights and responsibilities, service provision, economic development, legal ages. Evidence is required in relation to two statutes related to youth work. 2.2 Youth rights are described according to the United Nations Declaration on the Rights of the Child. 2.3 Legal responsibilities of a youth worker in relation to personal and official information are described in terms of laws and codes related to confidentiality and privacy. Please note Providers must be accredited by NZQA, or an inter-institutional body with delegated authority for quality assurance, before they can report credits from assessment against unit standards or deliver courses of study leading to that assessment. Industry Training Organisations must be accredited by NZQA before they can register credits from assessment against unit standards. Accredited providers and Industry Training Organisations assessing against unit standards must engage with the moderation system that applies to those standards. New Zealand Qualifications Authority 2016 22252 version 1 Page 4 of 4 Accreditation requirements and an outline of the moderation system that applies to this standard are outlined in the Accreditation and Moderation Action Plan (AMAP). The AMAP also includes useful information about special requirements for organisations wishing to develop education and training programmes, such as minimum qualifications for tutors and assessors, and special resource requirements. Comments on this unit standard Please contact the Community Support Services ITO Limited (Careerforce) info@careerforce.org.nz if you wish to suggest changes to the content of this unit standard. New Zealand Qualifications Authority 2016