Work legally and ethically

Work legally and ethically

This unit describes the skills and knowledge required to identify and work within the legal and ethical frameworks that apply to an individual job role.

This unit applies to community services and health workers who play a proactive role in identifying and meeting their legal and ethical responsibilities.

The skills in this unit must be applied in accordance with Commonwealth and State/Territory legislation, Australian/New Zealand standards and industry codes of practice. Work legally and ethically

ABOUT THIS RESOURCE

This resource brings together information to develop your knowledge about this unit. The information is designed to reflect the requirements of the unit and uses headings to makes it easier to follow.

Read through this resource to develop your knowledge in preparation for your assessment. You will be required to complete the assessment tools that are included in your program. At the back of the resource are a list of references you may find useful to review.

As a student it is important to extend your learning and to search out text books, internet sites, talk to people at work and read newspaper articles and journals which can provide additional learning material.

Your trainer may include additional information and provide activities. Slide presentations and assessments in class to support your learning. Work legally and ethically

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ABOUT ASSESSMENT

Throughout your training we are committed to your learning by providing a training and assessment framework that ensures the knowledge gained through training is translated into practical on the job improvements.

You are going to be assessed for:

 Your skills and knowledge using written and observation activities that apply

to your workplace. Work legally and ethically

 Your ability to apply your learning.

 Your ability to recognise common principles and actively use these on the job.

You will receive an overall result of Competent or Not Yet Competent for the assessment of this unit. The assessment is a competency based assessment, which has no pass or fail. You are either competent or not yet competent. Not Yet Competent means that you still are in the process of understanding and acquiring the skills and knowledge required to be marked competent. The assessment process is made up of a number of assessment methods. You are required to achieve a satisfactory result in each of these to be deemed competent overall.

All of your assessment and training is provided as a positive learning tool. Your assessor will guide your learning and provide feedback on your responses to the assessment. For valid and reliable assessment of this unit, a range of assessment methods will be used to assess practical skills and knowledge. Work legally and ethically

Your assessment may be conducted through a combination of the following methods:

 Written Activity

 Case Study

 Observation

 Questions

 Third Party Report

The assessment tool for this unit should be completed within the specified time period following the delivery of the unit. If you feel you are not yet ready for assessment, discuss this with your trainer and assessor.

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To be successful in this unit you will need to relate your learning to your workplace. You may be required to demonstrate your skills and be observed by your assessor in your workplace environment. Some units provide for a simulated work environment and your trainer and assessor will outline the requirements in these instances.

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E L E M E N T S A N D P E R F O R M A NC E C R I T E R I A

1. Identify and respond to legal requirements

1.1 Identify, access and interpret sources of information about the legal requirements that apply to the work role

1.2 Identify the scope and nature of own legal rights and responsibilities

1.3 Adhere to legal requirements in work practice according to workplace policies and procedures and scope of role

1.4 Recognise potential or actual breaches and report according to organisation procedures

2. Identify and meet ethical responsibilities

2.1 Identify, access and interpret sources of information about the ethical responsibilities that apply to the work role Work legally and ethically

2.2 Identify the scope and nature of own ethical responsibilities

2.3 Meet ethical responsibilities according to workplace policies and protocols, and scope of role

2.4 Recognise potential ethical issues and dilemmas, and discuss with an appropriate person

2.5 Recognise own personal values and attitudes and take into account to ensure non-judgmental practice

2.6 Use effective problem solving techniques when exposed to competing value systems

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2.7 Recognise unethical conduct and report to an appropriate person

2.8 Recognise potential and actual conflicts of interest and take appropriate action

3. Contribute to workplace improvements Work legally and ethically

3.1 Identify situations where work practices could be improved to meet legal and ethical responsibilities

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3.2 Pro-actively share feedback with colleagues and supervisors

3.3 Identify and take opportunities to contribute to the review and development of policies and protocols

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P E R F O R M A N C E E V I D E N C E A N D K N O W L E D G E E V I D E N C E

This describes the essential knowledge and skills and their level required for this unit.

PERFORMANCE EVIDENCE

The candidate must show evidence of the ability to complete tasks outlined in elements and performance criteria of this unit, manage tasks and manage contingencies in the context of the job role. There must be evidence that the candidate has:

 Completed workplace activities in accordance with legal and ethical

requirements in at least 3 different situations Work legally and ethically

 Developed appropriate responses to at least 3 different legal or ethical issues

relevant to the work role

 Identified and communicated at least 2 potential work practice

improvements designed to enhance workplace responsiveness to legal and

ethical requirements

KNOWLEDGE EVIDENCE

The candidate must be able to demonstrate essential knowledge required to effectively do the task outlined in elements and performance criteria of this unit, manage the task and manage contingencies in the context of the work role. This includes knowledge of:

 Legal and ethical considerations (international, national, state/territory,

local) for people working in the community services and health context, how

they are applied in organisations, how these impact individual workers, and

the consequences of breaches: Work legally and ethically

o Children in the workplace

o Codes of conduct

o Codes of practice

o Complaints management

o Continuing professional education

o Discrimination

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o Dignity of risk

o Duty of care

o Human rights

 Universal declaration of human rights

 Relationship between human needs and human rights Work legally and ethically

 Frameworks, approaches and instruments used in the

workplace

o Informed consent

o Mandatory reporting

o Practice standards

o Practitioner/client boundaries

o Privacy, confidentiality and disclosure

o Policy frameworks

o Records management

o Rights and responsibilities of workers, employers and clients

o Industrial relations legislation relevant to employment conditions of

role Work legally and ethically

o Specific legislation in the area of work – objectives and key

components

o Work role boundaries – responsibilities and limitations

o Work health and safety

 Interrelationships, similarities and differences that may exist between legal

and ethical frameworks

 Legal issues in the context of the work role:

o Type of legal issues that arise

o Ways to respond

 Ethical practice in the context of the work role:

o Type of ethical issues that arise

o Ways to respond

 Workplace policies, procedures and protocols:

o How they are/should be developed Work legally and ethically

o Processes for review, including consultation and mechanisms for input

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