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. Work legally and ethically

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.

Developed by Enhance Your Future Pty Ltd 5 CHCLEG001 – Work legally and ethically Version 1.1

Course code and name

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.

 Your ability to apply your learning. Work legally and ethically

 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.

Developed by Enhance Your Future Pty Ltd 6 CHCLEG001 – Work legally and ethically Version 1.1

Course code and name Work legally and ethically

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.

Developed by Enhance Your Future Pty Ltd 7 CHCLEG001 – Work legally and ethically Version 1.1

Course code and name

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 Work legally and ethically

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

2. Identify and meet ethical responsibilities Work legally and ethically

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

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

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

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

Developed by Enhance Your Future Pty Ltd 8 CHCLEG001 – Work legally and ethically Version 1.1

Course code and name

3.2 Pro-actively share feedback with colleagues and supervisors Work legally and ethically

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

Developed by Enhance Your Future Pty Ltd 9 CHCLEG001 – Work legally and ethically Version 1.1

Course code and name

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

 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 Work legally and ethically

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:

o Children in the workplace

o Codes of conduct

o Codes of practice

o Complaints management

o Continuing professional education

o Discrimination

Developed by Enhance Your Future Pty Ltd 10 CHCLEG001 – Work legally and ethically Version 1.1

Course code and name

o Dignity of risk

o Duty of care

o Human rights

 Universal declaration of human rights

 Relationship between human needs and human rights

 Frameworks, approaches and instruments used in the

workplace

o Informed consent

o Mandatory reporting Work legally and ethically

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

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: Work legally and ethically

o Type of ethical issues that arise

o Ways to respond

 Workplace policies, procedures and protocols:

o How they are/should be developed

o Processes for review, including consultation and mechanisms for input

Developed by Enhance Your Future Pty Ltd 11 CHCLEG001 – Work legally and ethically Version 1.1

Course code and name

A S S E S S M E N T C O N D I T I O N S

Skills must have been demonstrated in the workplace or in a simulated environment that reflects workplace conditions. The following conditions must be met for this unit:

 Use of suitable facilities, equipment and resources, including:

o Current legislation, regulations and codes of practice

o Organisation policies, procedures and protocols

 Modelling of industry operating conditions, including presence of problem

solving activities

Assessors must satisfy the Standards for Registered Training Organisations (RTOs) 2015/AQTF mandatory competency requirements for assessors.

P R E – R E Q U I S I T E S

This unit must be assessed after the following pre-requisite unit:

There are no pre-requisites for this unit. Work legally and ethically

Developed by Enhance Your Future Pty Ltd 12 CHCLEG001 – Work legally and ethically Version 1.1

Course code and name

T O P I C 1 – I D E N T I F Y A N D R E S P O N D T O L E G A L R E Q U I R E M E N T S

IDENTIFY, ACCESS AND INTERPRET SOURCES OF INFORMATION ABOUT THE LEGAL REQUIREMENTS THAT APPLY TO THE WORK

ROLE

Just as you have to follow the rules and regulations required for road safety when driving a car, you are required to follow the rules and regulations that govern community services when you are working in the community services sector.

ORDER A PLAGIARISM FREE PAPER NOW

CONFIDENTIALITY

Confidentiality is the protection of personal information. Confidentiality means keeping a client’s information between you and the client, and not telling others including co- workers, friends, family, etc.

Examples of maintaining confidentiality include:

 Individual files are locked and secured

 Support workers do not tell other people what is in a client’s file unless they

have permission from the client

 Information about clients is not told to people who do not need to know

 Clients’ medical details are not discussed without their consent

 Adult clients have the right to keep any information about themselves

confidential, which includes that information being kept from family and

friends

The type of information that is considered confidential can include:

 Name, date of birth, age, sex and address

 Current contact details of family, guardian etc. Work legally and ethically

 Bank details

 Medical history or records

 Personal care issues

Developed by Enhance Your Future Pty Ltd 13 CHCLEG001 – Work legally and ethically Version 1.1

Course code and name

 Service records and file progress notes

 Individual personal plans

 Assessments or reports

 Guardianship orders

 Incoming or outgoing personal correspondence

Confidentiality of client information must include:

 Verbal communications

 Written i.e. medical records, referral/request

 Video/audio tapes

 Radiographic films and images

 Computer files

Other information relating to ethnic or racial origin, political opinions, religious or philosophical beliefs, health or sexual lifestyle should also be considered confidential.

LEGISLATION GOVERNING CONFIDENTIALITY

All workers need to be aware that there are State and Federal laws that cover confidentiality. The following Acts relate to privacy and confidentiality of clients:

The Office of the Australian Information Commissioner (OAIC) deals with issues that are covered by the Privacy Act 1988 (Privacy Act), which regulates the handling of personal information by Australian, ACT and Norfolk Island government agencies, and certain private sector organisations.

For information on privacy regulation in the States and the Northern Territory, please refer to the appropriate links below. You may contact the OAIC Enquiries line if you have further questions about what aspects of privacy are dealt with by the OAIC. Work legally and ethically

Australian Capital Territory

The OAIC administers the Privacy Act, in a slightly amended version, on behalf of the ACT government. This legislation covers the handling of all personal information, other

Developed by Enhance Your Future Pty Ltd 14 CHCLEG001 – Work legally and ethically Version 1.1

Course code and name

than health records held in the public sector in the ACT. The ACT Human Rights Commission handles health record privacy complaints.

New South Wales

The NSW Information and Privacy Commission undertakes the privacy functions conferred by the Privacy and Personal Information Protection Act 1998 (NSW) and Health Records and Information Privacy Act 2002 (NSW).

Northern Territory

The Office of the Information Commissioner for the Northern Territory is the independent statutory body responsible for overseeing the freedom of information and privacy provisions of the Information Act 2002 (NT).

Queensland

The Queensland Office of the Information Commissioner was initially established under the repealed Freedom of Information Act 1992 (Qld), and it continues under the Right to Information Act 2009 (Qld) (RTI Act) and Information Privacy Act 2009 (Qld) (IP Act). The Information Commissioner is supported by two other statutory office holders appointed by the Governor-in-Council: the Right to Information Commissioner and Privacy Commissioner.

South Australia

South Australia has issued an administrative instruction requiring its government agencies to generally comply with a set of Information Privacy Principles and has established a privacy committee. Work legally and ethically

Tasmania

The Tasmanian Ombudsman may receive and investigate complaints in relation to the Personal Information and Protection Act 2004(Tas). This legislation applies to the public and local government sectors and the University of Tasmania.

Victoria

The Office of the Victorian Privacy Commissioner is an independent statutory office created by the Information Privacy Act 2000 (Vic). This legislation covers the handling of all personal information, other than health information, in the public sector in Victoria.

Developed by Enhance Your Future Pty Ltd 15 CHCLEG001 – Work legally and ethically Version 1.1 Work legally and ethically

AllEscortAllEscort