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Procedurally fair? Fairly procedural?: … ethics, fairness and welfare practice

Published online by Cambridge University Press:  29 February 2016

Phillip A. Swain
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Abstract

This paper examines the principles of procedural fairness and their application to welfare practice. The paper considers whether social workers ought to measure the adequacy of their practice, not just against those requirements ususally set out in the professional Codes of Ethics, but also against the procedural fairness expectations of decision-making more usually the province of courts and like bodies. The paper concludes that these expectations are not only in keeping with the Code of Ethics, but that competent practice demands no less of practitioners.

Type
Research Article
Information
Children Australia , Volume 24 , Issue 3 , 1999 , pp. 34 - 38
Copyright
Copyright © Cambridge University Press 1999

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References

Allars, M. 1991, ‘Neutrality, the Judicial Paradigm and the Tribunal Procedure’, Sydney Law Review, Vol 13, 377–413.Google Scholar
Allars, M. 1993, ‘A General Tribunal Procedure Statute for New South Wales?’, Public Law Review, Vol. 4, 19–43.Google Scholar
Allars, M. 1996, ‘Reputation, power and fairness: A Review of the Impact of Judicial Review upon Investigative Tribunals’, Federal Low Review, Vol 24, No 2, 235–282.Google Scholar
Armstrong, S. 1994, ‘Student Assistance Merits Review: Internal Review and the Student Assistance Review Tribunal’, Australian Journal of Administrative Law, Vol 1, 80–99.Google Scholar
Bayne, P. 1989, ‘The Social Security Appeals Tribunal’, Australian Law Journal, Vol 63, 205–207.Google Scholar
Bayne, P. 1992, ‘The Inadequacy of Reasons as an Error of Law’, Australian Law Journal, Vol 66, 302–307.Google Scholar
Bayne, P. 1995, ‘Natural Justice, Anti-Discrimination Proceedings and the Feminist Critique’, Australian Journal of Administrative law, Vol 3, 5–22.Google Scholar
Besharov, D. & Besharov, S. 1987, ‘Teaching about Liability’, Social Work (NY), Nov-Dec 1987, 517.Google Scholar
Charlesworth, S.,Turner, J. & Foreman, L. (1990), Lawyers, Social Workers and the Family, Federation Press, Annandale, NSW.Google Scholar
Collingridge, C., 1991, ‘Legal Risk, Legal Scrutiny and Social Work’ Australian Social Work Vol 44 No 1, 11.CrossRefGoogle Scholar
Craig, P. 1994, Administrative Law, Sweet & Maxwell, London.Google Scholar
Freckelton, I. 1993, ‘Withdrawal of Life Support: the ‘Persistent Vegetative State’ Conundrum’, Journal of Law and Medicine, Vol 1, 35–9.Google Scholar
Gray, M. 1995, ‘The Ethical Implications of Current Theoretical Developments in Social Work’, British. Journal of Social Work, Vol 25, 55.Google Scholar
Katzen, H. 1995, ‘Procedural fairness and Specialist Members of the Administrative Appeals Tribunal’, Australian Journal of Administrative Law, Vol 2, 169–179.Google Scholar
Lanham, D. 1990, ‘The Right to choose to Die with Dignity’, Criminal Law Journal, Vol 14, 410.Google ScholarPubMed
Loewenberg, F. & Dolgoff, R. 1989, Ethical Decisions for Social Work Practice, (2nd Ed), Peacock Publishers, Illinois.Google Scholar
McLean, S. 1989, A Patient’s Right to Know, Dartmouth Publishing, England.Google Scholar
O’Connor, I., Wilson, J. & Setterlund, D. (1995), Social Work and Welfare Practice, Longman Australia, Melbourne (2nd Ed, 1995).Google Scholar
Olsson, L. 1992, ‘Is There too much Natural justice?(2)’, AIAL Newsletter, No. 12, 7–14.Google Scholar
Parry, J. 1981, ‘Informed Consent - for whose benefit?’, Social Casework, November 1981, 537–542.Google Scholar
Pearce, D. 1994, ‘Is there too much natural justice?(3)’, AIAL Forum #1, 94–97.Google Scholar
Swain, P. (Ed) 1995, In the Shadow of the Law the Legal Context of Social Work Practice, Federation Press, Annandale.Google Scholar
Todd, R. (1991), ‘Too Much Law, Not Enough Justice - Opposing the Proposition’, Canberra Bulletin of Public Administration, 66, 147–8.Google Scholar
Torcyzner, J. (1991), ‘Discretion, judgment and informed consent: Ethical and practice issues in social action’, Social Work, Vol. 36, No. 2, pp.122–128.Google Scholar
Walpole, S. (1994), ‘Administrative Law and Sex Discrimination: The review of Complaint handling’, 2 AIAL Forum, 2–16.Google Scholar