CHCLEG001 Work legally and ethically Learner Workbook

Case Study Learner Workbook

Instructions to Learner

Assessment instructions

Overview

Prior to commencing the assessments, your trainer/assessor will explain each assessment task and the terms and conditions relating to the submission of your assessment task. Please consult with your trainer/assessor if you are unsure of any questions. It is important that you understand and adhere to the terms and conditions, and address fully each assessment task. If any assessment task is not fully addressed, then your assessment task will be returned to you for resubmission. Your trainer/assessor will remain available to support you throughout the assessment process.

Written work

Assessment tasks are used to measure your understanding and underpinning skills and knowledge of the overall unit of competency. When undertaking any written assessment tasks, please ensure that you address the following criteria:

  • Address each question including any sub-points
  • Demonstrate that you have researched the topic thoroughly
  • Cover the topic in a logical, structured manner
  • Your assessment tasks are well presented, well referenced and word processed
  • Your assessment tasks include your full legal name on each and every page.

Active participation

It is a condition of enrolment that you actively participate in your studies. Active participation is completing all the assessment tasks on time.

Plagiarism

Plagiarism is taking and using someone else's thoughts, writings or inventions and representing them as your own. Plagiarism is a serious act and may result in a learner’s exclusion from a course. When you have any doubts about including the work of other authors in your assessment, please consult your trainer/assessor. The following list outlines some of the activities for which a learner can be accused of plagiarism:

  • Presenting any work by another individual as one's own unintentionally
  • Handing in assessments markedly similar to or copied from another learner
  • Presenting the work of another individual or group as their own work
  • Handing in assessments without the adequate acknowledgement of sources used, including assessments taken totally or in part from the internet.

If it is identified that you have plagiarised within your assessment, then a meeting will be organised to discuss this with you, and further action may be taken accordingly.

Collusion

Collusion is the presentation by a learner of an assignment as their own that is, in fact, the result in whole or in part of unauthorised collaboration with another person or persons. Collusion involves the cooperation of two or more learners in plagiarism or other forms of academic misconduct and, as such, both parties are subject to disciplinary action. Collusion or copying from other learners is not permitted and will result in a “0” grade and NYC.

Assessments must be typed using document software such as (or similar to) MS Office. Handwritten assessments will not be accepted (unless, prior written confirmation is provided by the trainer/assessor to confirm).

Competency outcome

There are two outcomes of assessments: S = Satisfactory and NS = Not Satisfactory (requires more training and experience).

Once the learner has satisfactorily completed all the tasks for this module the learner will be awarded “Competent” (C) or “Not yet Competent” (NYC) for the relevant unit of competency.

If you are deemed “Not Yet Competent” you will be provided with feedback from your assessor and will be given another chance to resubmit your assessment task(s). If you are still deemed as “Not Yet Competent” you will be required to re-enrol in the unit of competency.

Additional evidence

If we, at our sole discretion, determine that we require additional or alternative information/evidence in order to determine competency, you must provide us with such information/evidence, subject to privacy and confidentiality issues. We retain this right at any time, including after submission of your assessments.

Confidentiality

We will treat anything, including information about your job, workplace, employer, with strict confidence, in accordance with the law. However, you are responsible for ensuring that you do not provide us with anything regarding any third party including your employer, colleagues and others, that they do not consent to the disclosure of. While we may ask you to provide information or details about aspects of your employer and workplace, you are responsible for obtaining necessary consents and ensuring that privacy rights and confidentiality obligations are not breached by you in supplying us with such information.

Assessment appeals process

If you feel that you have been unfairly treated during your assessment, and you are not happy with your assessment and/or the outcome as a result of that treatment, you have the right to lodge an appeal. You must first discuss the issue with your trainer/assessor. If you would like to proceed further with the request after discussions with your trainer/assessor, you need to lodge your appeal to the course coordinator, in writing, outlining the reason(s) for the appeal.

Recognised prior learning

Candidates will be able to have their previous experience or expertise recognised on request.

Special needs

Candidates with special needs should notify their trainer/assessor to request any required adjustments as soon as possible. This will enable the trainer/assessor to address the identified needs immediately.

Assessment requirements

The assessment activities in this workbook assess aspects of all the elements, performance criteria, skills and knowledge and performance requirements of the unit of competency.

To demonstrate competence in this unit, you must undertake all activities in this workbook and have them deemed satisfactory by the assessor. If you do not answer some questions or perform certain tasks, and therefore you are deemed to be Not Yet Competent, your trainer/assessor may ask you supplementary questions to determine your competence. Once you have demonstrated the required level of performance, you will be deemed competent in this unit.

Should you still be deemed Not Yet Competent, you will have the opportunity to resubmit your assessments or appeal the result.

As part of the assessment process, all learners must abide by any relevant assessment policies as provided during induction.

If you feel you are not yet ready to be assessed or that this assessment is unfair, please contact your assessor to discuss your options. You have the right to formally appeal any outcome and, if you wish to do so, discuss this with your trainer/assessor.

Candidate Details

Assessment – CHCLEG001: Work legally and ethically

Please complete the following activities and hand in to your trainer/assessor for marking. This forms part of your assessment for CHCLEG001: Work legally and ethically.

Name: ______

Address: ______

______

Email: ______

Employer: ______

Declaration

I declare that no part of this assessment has been copied from another person’s work with the exception of where I have listed or referenced documents or work and that no part of this assessment has been written for me by another person. I also understand the assessment instructions and requirements and consent to being assessed.

Signed: _____

Date: _____

If activities have been completed as part of a small group or in pairs, details of the learners involved should be provided below:

This activity workbook has been completed by the following persons and we acknowledge that it was a fair team effort where everyone contributed equally to the work completed. We declare that no part of this assessment has been copied from another person’s work with the exception of where we have listed or referenced documents or work and that no part of this assessment has been written for us by another person.

Learner 1: _____

Signed: _____

Learner 2: _____

Signed: _____

Learner 3: _____

Signed: _____

Activities

Complete the following activities individually or in a group (as applicable to the specific activity and the assessment environment).

Activity 1A

Estimated Time

1 Hour

Objective

To provide you with an opportunity to identify, access and interpret sources of information about the legal requirements that apply to the work role.

Activity

1. List five types of common legal issues relevant to the workplace.

2. Give a brief overview (no more than 300 words) of the Australian legal system.

3. What are the two types of laws? Give a brief overview (no more than 50 words) of each.

Activity 1A checklist – for assessor

This should be used by the trainer/assessor to document the learner’s skills, knowledge and performance as relevant to the unit activity. Indicate in the table below if the learner is deemed satisfactory (S) or not satisfactory (NS) for the activity or if reassessment is required.

Learner’s name

Assessor’s name

Unit of Competence

(Code and Title)

Date(s) of assessment

Has the activity been answered and performed fully, as required to assess the competency of the learner?

Yes No

(Please circle)

Has sufficient evidence and information been provided by the learner for the activity?

Yes No

(Please circle)

Comments

Provide your comments here:

The learner’s performance was:

Not yet satisfactory

Satisfactory

If not yet satisfactory, date for reassessment:

Feedback to learner:

Learner’s signature

Assessor’s signature

Activity 1B

Estimated Time

15 Minutes

Objective

To provide you with an opportunity to identify the scope and nature of own legal rights and responsibilities.

Activity

Case Study A

1. Which legislation underpins your legal rights and responsibilities?

2. What are your legal rights within your new role?

3. What are your responsibilities within your new role?

Activity 1B checklist – for assessor

This should be used by the trainer/assessor to document the learner’s skills, knowledge and performance as relevant to the unit activity. Indicate in the table below if the learner is deemed satisfactory (S) or not satisfactory (NS) for the activity or if reassessment is required.

Learner’s name

Assessor’s name

Unit of Competence

(Code and Title)

Date(s) of assessment

Has the activity been answered and performed fully, as required to assess the competency of the learner?

Yes No

(Please circle)

Has sufficient evidence and information been provided by the learner for the activity?

Yes No

(Please circle)

Comments

Provide your comments here:

The learner’s performance was:

Not yet satisfactory

Satisfactory

If not yet satisfactory, date for reassessment:

Feedback to learner:

Learner’s signature

Assessor’s signature

Activity 1C

Estimated Time

15 minutes

Objective

To provide you with an opportunity to adhere to legal requirements in work practice according to workplace policies and procedures and scope of role.

Activity

Case Study B

Read Case Study B. For each scenario below, select the answer which would ensure you adhere to the legal requirements in work practice according to workplace policies and procedures and the scope of your role.

1. Humphrey has told you he has lost his watch and would really like to find it as it was a present from his late wife. What should you do?

a) Tell him it’ll turn up somewhere and do nothing else

b) Say that he has forgotten where he has put it and start rummaging through his drawers and cabinets to look for it

c) Ask him if he would like you to have a look in his room for it

d) Tell him that things get lost, and he’ll just have to deal with it.

2. In the last few days, you have noticed that when you bring Janet lunch, her breakfast is left untouched, when you bring her dinner, her lunch is still there, etc. What should you do?

a) Tell her she is ungrateful

b) Ask her if she is feeling ok and why she has not been eating her meals to establish the cause

c) Stop bringing her food if she isn’t going to eat it anyway

d) Sit with her at every meal and force feed her because she must eat something.

3. Maureen has told you that she is experiencing horrible shooting pains in her back. What should you do?

a) Give her some of your prescribed painkillers from your bag because you know they will relieve the pain

b) Tell her to stop being a baby

c) Ask her if she’d like some paracetamol to see if they help and return later to check how she is feeling and whether she’d like you to book her a doctor’s appointment

d) Lift up her top to look at her back for any physical symptoms and touch her back whilst asking her if it hurts.

Activity 1C checklist – for assessor

This should be used by the trainer/assessor to document the learner’s skills, knowledge and performance as relevant to the unit activity. Indicate in the table below if the learner is deemed satisfactory (S) or not satisfactory (NS) for the activity or if reassessment is required.

Learner’s name

Assessor’s name

Unit of Competence

(Code and Title)

Date(s) of assessment

Has the activity been answered and performed fully, as required to assess the competency of the learner?

Yes No

(Please circle)

Has sufficient evidence and information been provided by the learner for the activity?

Yes No

(Please circle)

Comments

Provide your comments here:

The learner’s performance was:

Not yet satisfactory

Satisfactory

If not yet satisfactory, date for reassessment:

Feedback to learner:

Learner’s signature

Assessor’s signature

Activity 1D

Estimated Time

20 Minutes

Objective

To provide you with an opportunity to recognise potential or actual breaches and report according to organisation procedures.

Activity

Case Study B

Using the information given to you in case study B, explain what you would do in the following situation.

One of the residents, named Jeremy, has Parkinson’s disease and as a result, suffers from moderate tremors in his limbs. Due to these symptoms, Jeremy can find it difficult to hold his cup when having a drink and sometimes spills his drink on his table or himself. You are well aware of the circumstances, and when you bring his drinks to him, you always asks if he would like a straw or for you to hold the cup whilst he drinks, which he often accepts. On occasion where he has spilt his drink, you have promptly cleared up the spill, helped he change into dry clothes if needed and got him a new drink.

One day you come to check on Jeremy, and he says he is incredibly thirsty and that the member of staff duty hasn’t brought him a drink all day. You go to get him a drink right away. In the kitchen, the other member of staff asks who you are getting a drink for. When you tell her it is for Jeremy, she responds ‘Oh him? I am not bringing that shaky old man anything else as he always spills it and then I have to clean it up. If he wants a drink, then he should hold his cup properly’.

Activity 1D checklist – for assessor

This should be used by the trainer/assessor to document the learner’s skills, knowledge and performance as relevant to the unit activity. Indicate in the table below if the learner is deemed satisfactory (S) or not satisfactory (NS) for the activity or if reassessment is required.

Learner’s name

Assessor’s name

Unit of Competence

(Code and Title)

Date(s) of assessment

Has the activity been answered and performed fully, as required to assess the competency of the learner?

Yes No

(Please circle)

Has sufficient evidence and information been provided by the learner for the activity?

Yes No

(Please circle)

Comments

Provide your comments here:

The learner’s performance was:

Not yet satisfactory

Satisfactory

If not yet satisfactory, date for reassessment:

Feedback to learner:

Learner’s signature

Assessor’s signature

Activity 2A

Estimated Time

45 Minutes

Objective

To provide you with an opportunity to identify, access and interpret sources of information about the ethical responsibilities that apply to the work role.

Activity

Case Study C

Follow the instructions given to you by your supervisor. In no more than 500 words, summarise your ethical responsibilities in your work role as dictated by the ECA Code of Ethics.

Activity 2A checklist – for assessor

This should be used by the trainer/assessor to document the learner’s skills, knowledge and performance as relevant to the unit activity. Indicate in the table below if the learner is deemed satisfactory (S) or not satisfactory (NS) for the activity or if reassessment is required.

Learner’s name

Assessor’s name

Unit of Competence

(Code and Title)

Date(s) of assessment

Has the activity been answered and performed fully, as required to assess the competency of the learner?

Yes No

(Please circle)

Has sufficient evidence and information been provided by the learner for the activity?

Yes No

(Please circle)

Comments

Provide your comments here:

The learner’s performance was:

Not yet satisfactory

Satisfactory

If not yet satisfactory, date for reassessment:

Feedback to learner:

Learner’s signature

Assessor’s signature

Activity 2B

Estimated Time

20 minutes

Objective

To provide you with an opportunity to identify the scope and nature of own ethical responsibilities, and meet ethical responsibilities according to workplace policies and protocols, and scope of role.

Activity

Case Study C

Using the ECA Code of Ethics you have been directed to by your supervisor, select the answer for each scenario which would ensure you meet your ethical responsibilities and identify which ethical responsibility you are upholding.

1. A 5-year-old called Noah is playing in the centre’s gardens with another child, and they are playing with sticks, pretending to be knights. An placement student asks why you are allowing them to be ‘silly’ rather than facilitating their learning. How do you respond?

a) Reply curtly that they aren’t being silly and walk off

b) Explain that they aren’t being silly but that they are exploring the world around them and using their imagination, creativity and social skills to participate in a roleplay scenario and are therefore developing a range of valuable skills

c) Call the pair of children over and tell them to sit on the bench and look at a book instead so that they are in fact learning

d) Tell the student that it’s just kids being kids.

2. A child’s parents have come to you and expressed concern that their daughter struggles to spell simple CVC words (hen, dog, pan, for example) and that they would like to help more with this aspect of their child’s learning and development. What do you do?

a) Tell them that you are the professional and they should trust that you will do the right thing for their child

b) Explain that their child is below average in this regard and they just have to accept that

c) Talk through the parents’ concerns and plan activities and assessment methods for their daughter’s spelling collaboratively, providing them with resources that they can utilise at home

d) Brush off their concerns and say that she’ll catch up eventually.

3. As you and your colleagues all get on incredibly well and also socialise outside of work, you all have one another as friends on Facebook. One day, you notice that a colleague has posted a status about an interaction she has had a work, where she is being derogatory about another individual. What should you do?

a) Ignore it. It is not a good idea to get involved with visible discussions about work online

b) Comment on the post, telling your colleague that she is an idiot for putting this online and that someone will see it and get her fired

c) Comment on the post agreeing with your colleague; you don’t like the person she is talking about either and want to show you support her

d) Screenshot your colleagues post and send it to the person she is talking about.

Activity 2B checklist – for assessor

This should be used by the trainer/assessor to document the learner’s skills, knowledge and performance as relevant to the unit activity. Indicate in the table below if the learner is deemed satisfactory (S) or not satisfactory (NS) for the activity or if reassessment is required.

Learner’s name

Assessor’s name

Unit of Competence

(Code and Title)

Date(s) of assessment

Has the activity been answered and performed fully, as required to assess the competency of the learner?

Yes No

(Please circle)

Has sufficient evidence and information been provided by the learner for the activity?

Yes No

(Please circle)

Comments

Provide your comments here:

The learner’s performance was:

Not yet satisfactory

Satisfactory

If not yet satisfactory, date for reassessment:

Feedback to learner:

Learner’s signature

Assessor’s signature

Activity 2C

Estimated Time

15 Minutes

Objective

To provide you with an opportunity to recognise potential ethical issues and dilemmas, and discuss with an appropriate person.

Activity

Case Study D

Read case study D. In no more than 200 words, explain why it is an ethical issue and who you would speak to about it.

Activity 2C checklist – for assessor

This should be used by the trainer/assessor to document the learner’s skills, knowledge and performance as relevant to the unit activity. Indicate in the table below if the learner is deemed satisfactory (S) or not satisfactory (NS) for the activity or if reassessment is required.

Learner’s name

Assessor’s name

Unit of Competence

(Code and Title)

Date(s) of assessment

Has the activity been answered and performed fully, as required to assess the competency of the learner?

Yes No

(Please circle)

Has sufficient evidence and information been provided by the learner for the activity?

Yes No

(Please circle)

Comments

Provide your comments here:

The learner’s performance was:

Not yet satisfactory

Satisfactory

If not yet satisfactory, date for reassessment:

Feedback to learner:

Learner’s signature

Assessor’s signature

Activity 2D

Estimated Time

20 Minutes

Objective

To provide you with an opportunity to recognise own personal values and attitudes and take into account to ensure non-judgmental practice.

Activity

Case Study D

For the ethical dilemma outlined in Case Study D, what are your own personal values and attitudes on the subject? Explain in no more than 200 words.

Activity 2D checklist – for assessor

This should be used by the trainer/assessor to document the learner’s skills, knowledge and performance as relevant to the unit activity. Indicate in the table below if the learner is deemed satisfactory (S) or not satisfactory (NS) for the activity or if reassessment is required.

Learner’s name

Assessor’s name

Unit of Competence

(Code and Title)

Date(s) of assessment

Has the activity been answered and performed fully, as required to assess the competency of the learner?

Yes No

(Please circle)

Has sufficient evidence and information been provided by the learner for the activity?

Yes No

(Please circle)

Comments

Provide your comments here:

The learner’s performance was:

Not yet satisfactory

Satisfactory

If not yet satisfactory, date for reassessment:

Feedback to learner:

Learner’s signature

Assessor’s signature

Activity 2E

Estimated Time

20 Minutes

Objective

To provide you with an opportunity to use effective problem-solving techniques when exposed to competing value systems.

Activity

What are the eight steps for an effective strategy for making an ethical decision?

Activity 2E checklist – for assessor

This should be used by the trainer/assessor to document the learner’s skills, knowledge and performance as relevant to the unit activity. Indicate in the table below if the learner is deemed satisfactory (S) or not satisfactory (NS) for the activity or if reassessment is required.

Learner’s name

Assessor’s name

Unit of Competence

(Code and Title)

Date(s) of assessment

Has the activity been answered and performed fully, as required to assess the competency of the learner?

Yes No

(Please circle)

Has sufficient evidence and information been provided by the learner for the activity?

Yes No

(Please circle)

Comments

Provide your comments here:

The learner’s performance was:

Not yet satisfactory

Satisfactory

If not yet satisfactory, date for reassessment:

Feedback to learner:

Learner’s signature

Assessor’s signature

Activity 2F

Estimated Time

15 Minutes

Objective

To provide you with an opportunity to recognise unethical conduct and report to an appropriate person.

Activity

Case Study E

1. Read Case Study E. Which of your colleague’s actions are unethical?

2. How should you report your colleague’s unethical conduct?

Activity 2F checklist – for assessor

This should be used by the trainer/assessor to document the learner’s skills, knowledge and performance as relevant to the unit activity. Indicate in the table below if the learner is deemed satisfactory (S) or not satisfactory (NS) for the activity or if reassessment is required.

Learner’s name

Assessor’s name

Unit of Competence

(Code and Title)

Date(s) of assessment

Has the activity been answered and performed fully, as required to assess the competency of the learner?

Yes No

(Please circle)

Has sufficient evidence and information been provided by the learner for the activity?

Yes No

(Please circle)

Comments

Provide your comments here:

The learner’s performance was:

Not yet satisfactory

Satisfactory

If not yet satisfactory, date for reassessment:

Feedback to learner:

Learner’s signature

Assessor’s signature

Activity 2G

Estimated Time

30 Minutes

Objective

To provide you with an opportunity to recognise potential and actual conflicts of interest and take appropriate action.

Activity

1. Define a conflict of interest in no more than 150 words.

2. How can you manage a conflict of interest? Your answer should be no more than 150 words.

Activity 2G checklist – for assessor

This should be used by the trainer/assessor to document the learner’s skills, knowledge and performance as relevant to the unit activity. Indicate in the table below if the learner is deemed satisfactory (S) or not satisfactory (NS) for the activity or if reassessment is required.

Learner’s name

Assessor’s name

Unit of Competence

(Code and Title)

Date(s) of assessment

Has the activity been answered and performed fully, as required to assess the competency of the learner?

Yes No

(Please circle)

Has sufficient evidence and information been provided by the learner for the activity?

Yes No

(Please circle)

Comments

Provide your comments here:

The learner’s performance was:

Not yet satisfactory

Satisfactory

If not yet satisfactory, date for reassessment:

Feedback to learner:

Learner’s signature

Assessor’s signature

Activity 3A

Estimated Time

40 Minutes

Objective

To provide you with an opportunity to contribute to workplace improvements.

Activity

Case Study F

1. How could the work practices in the scenario be improved in order to meet the obligations outlined in the Code of Conduct?

2. Roleplaying with at least two other learners, who are acting as colleagues/supervisors, share your feedback on the situation with them.

3. Roleplaying with the same learners, contribute to reviewing and developing policies and procedures for similar circumstances.

Activity 3A checklist – for assessor

This should be used by the trainer/assessor to document the learner’s skills, knowledge and performance as relevant to the unit activity. Indicate in the table below if the learner is deemed satisfactory (S) or not satisfactory (NS) for the activity or if reassessment is required.

Learner’s name

Assessor’s name

Unit of Competence

(Code and Title)

Date(s) of assessment

Has the activity been answered and performed fully, as required to assess the competency of the learner?

Yes No

(Please circle)

Has sufficient evidence and information been provided by the learner for the activity?

Yes No

(Please circle)

Comments

Provide your comments here:

The learner’s performance was:

Not yet satisfactory

Satisfactory

If not yet satisfactory, date for reassessment:

Feedback to learner:

Learner’s signature

Assessor’s signature

Summative Assessments

The summative assessments are the major activities designed to assess the learner’s skills, knowledge and performance, as required to show competency in this unit. These activities should be completed after finishing the Learner Guide. These should be completed as stated under the trainer/assessor instructions.

Skills, knowledge and performance may be termed as:

  • Skills – skill requirements, required skills, essential skills, foundation skills
  • Knowledge – knowledge requirements, required knowledge, essential knowledge, knowledge evidence
  • Performance – evidence requirements, critical aspects of assessment, performance evidence.

Section A: Skills Activity

The Skills Activity is designed to address the foundation skills of the unit through case studies, with a series of applicable questions to address the skills criteria.

Section B: Knowledge Activity (Q & A)

The Knowledge Activity is designed to be a questionnaire where the assessor asks the learner a series of questions to confirm their competency for all of the required knowledge in the unit of competency.

Section C: Performance Activity

The Performance Activity is designed to address the performance evidence of the unit through case studies, with a series of applicable questions to address the skills criteria.

If necessary for the activities, you should attach completed written answers, portfolios or any evidence of competency to this workbook.

Section A: Skills Activity

Objective: To provide you with an opportunity to show you have the required skills for this unit.

The Foundation Skills describe those required skills (language, literacy, numeracy and employment skills) that are essential to performance.

Foundation skills essential to performance are explicit in the performance criteria of this unit of competency.

Therefore, there is no skills activity required for this unit, as they have been covered in the previous activities.

Section B: Knowledge Activity (Q & A)

Objective: To provide you with an opportunity to show you have the required knowledge for this unit.

The answers to the following questions will enable you to demonstrate your 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:
  • children in the workplace
  • codes of conduct
  • codes of practice
  • complaints management
  • continuing professional education
  • discrimination
  • dignity of risk
  • duty of care
  • human rights
  • Universal declaration of human rights
    • relationship between human needs and human rights
    • frameworks, approaches and instruments used in the workplace
  • informed consent
  • mandatory reporting
  • practice standards
  • practitioner/client boundaries
  • privacy, confidentiality and disclosure
  • policy frameworks
  • records management
  • rights and responsibilities of workers, employers and clients
  • industrial relations legislation relevant to employment conditions of role
  • specific legislation in the area of work – objectives and key components
  • work role boundaries – responsibilities and limitations
  • 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:
  • type of legal issues that arise
  • ways to respond
  • Ethical practice in the context of the work role:
  • type of ethical issues that arise
  • ways to respond
  • Workplace policies, procedures and protocols:
  • how they are/should be developed
  • processes for review, including consultation and mechanisms for input

Answer each question in as much detail as possible, considering your organisational requirements for each one.

All answers will vary depending on the learner and the organisation they work for, but the learner should be able to answer each question competently.

  1. From the list given below, your assessor will assign you one or more ethical or legal considerations. Establish how these are applicable at a local or state/territory level and what the consequences of any breaches are:
  • Children in the workplace
  • Codes of conduct
  • Codes of practice
  • Complaints management
  • Continuing professional education
  • Discrimination
  • Dignity of risk
  • Duty of care
  • Human rights
  • Informed consent
  • Mandatory reporting
  • Practice standards
  • Practitioner/client boundaries
  • Privacy, confidentiality and disclosure
  • Policy frameworks
  • Records management
  • Rights and responsibilities of workers, employers and clients
  • Industrial relations legislation relevant to employment conditions of role
  • Specific legislation in the area of work – objectives and key components
  • Work role boundaries – responsibilities and limitations
  • Work health and safety
  1. Research the interrelationships, similarities and differences that may exist between legal and ethical frameworks within your local area or state/territory within a community services/health worker setting. In no more than 500 words, summarise your findings.
  1. Within a community services/ health worker role, identify 3 legal issues that can arise and explain how you would respond to these.
  1. Within community services/ health worker role, identify 3 ethical issues that can arise and explain how you would respond to these.
  1. Read Case Study G. In no more than 400 words, outline the organisation’s process for the development of policies, procedures and protocols as well as the process for review, including consultation and mechanisms for input.

Summative Assessments: Section B checklist

This should be used by the trainer/assessor to document the learner’s skills, knowledge and performance as relevant to the summative assessment. Indicate in the table below if the learner is deemed satisfactory (S) or not satisfactory (NS) for the activity or if reassessment is required.

Learner’s name

Assessor’s name

Unit of Competence

(Code and Title)

Date(s) of assessment

Has the activity been answered and performed fully, as required to assess the competency of the learner?

Yes No

(Please circle)

Has sufficient evidence and information been provided by the learner for the activity?

Yes No

(Please circle)

Comments

Provide your comments here:

The learner’s performance was:

Not yet satisfactory

Satisfactory

If not yet satisfactory, date for reassessment:

Feedback to learner:

Learner’s signature

Assessor’s signature

Section C: Performance Activity

Objective: To provide you with an opportunity to demonstrate the required performance elements for this unit.

This activity will enable you to demonstrate your knowledge of the following performance evidence:

  • 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

All activity answers will vary depending on the learner and the organisation they work for, but the learner should be able to demonstrate their competency in the unit requirements.

  1. Read Case Study H. Using your knowledge of ethical and legal requirements in a community services/health worker role, explain how you would work legally and ethically in order to support Jules, Mariah and Aisha.
  1. Read Case Study H. Using your knowledge of ethical and legal requirements in a community services/health worker role and examples of policy and procedures used within this unit, identify legal/ethical issues surrounding the support of Barney, Nicola and Theo and explain what appropriate responses to these issues may be.
  1. Ready Case Study I. Identify potential improvements that could be made to the policy in order to enhance workplace responsiveness to legal and ethical requirements. Roleplaying with another learner as your supervisor, communicate at least of two of these improvement ideas to them, ensuring you justify your reasons for these improvements.

Summative Assessments: Section C checklist

This should be used by the trainer/assessor to document the learner’s skills, knowledge and performance as relevant to the summative assessment. Indicate in the table below if the learner is deemed satisfactory (S) or not satisfactory (NS) for the activity or if reassessment is required.

Learner’s name

Assessor’s name

Unit of Competence

(Code and Title)

Date(s) of assessment

Has the activity been answered and performed fully, as required to assess the competency of the learner?

Yes No

(Please circle)

Has sufficient evidence and information been provided by the learner for the activity?

Yes No

(Please circle)

Comments

Provide your comments here:

The learner’s performance was:

Not yet satisfactory

Satisfactory

If not yet satisfactory, date for reassessment:

Feedback to learner:

Learner’s signature

Assessor’s signature

Case Studies

Case Study A – Phoenix Care

You have just taken on a new support role in a mental health clinic which serves day patients as well as longer-term admissions. You are undertaking your induction training and have been provided with the following information.

Key information regarding your own legal rights and responsibilities

At Phoenix Care our key focus is wellbeing; of our patients, staff and visitors. Therefore, it is paramount that you are aware of your rights as a member of our team as well as your responsibilities as defined by law.

There is a range of legislation that underpins everything we do at the centre. These include:

Ø Mental Health Act and Mental Health Regulations 2014

Ø Health Records Act 2001

Ø Australian Human Rights Commission Act 1986

Ø Equal Opportunity Act 2010

Ø Occupational Health and Safety Act 2004

Under these pieces of legislation your rights include:

Ø Having your professional capabilities and qualifications recognised

Ø Working in optimal conditions of service and employment

Ø Access to training and continued professional development

Ø A safe and supportive work environment

Ø Being actively involved in the planning and management of services

Ø Access to an established complaints systems if you feel you have been treated unfairly

Your legal responsibilities within this role are to ensure that:

Ø Assessment and treatment are provided in the least intrusive and restrictive way

Ø People are supported to make and participate in decisions about their assessment, treatment and recovery

Ø Individuals’ rights, dignity and autonomy are protected and promoted at all times

Ø Priority is given to holistic care and support options that are responsive to individual needs

Ø The wellbeing and safety of children and young people are protected and prioritised

Ø Carers are recognised and supported in decisions about treatment and care

Ø Staff and patient health and safety are maintained

Ø Patient confidentiality is preserved and all records are created and stored correctly

Ø Patients have a right of access to their own health information

Ø Patient and carer concerns and complaints are dealt with in a prompt, fair manner.

http://www.health.gov.au/internet/main/publishing.nsf/Content/E39137B3C170F93ECA257CBC007CFC8C/$File/rights2.pdf Date of access: 19/10/2017

https://www2.health.vic.gov.au/mental-health/practice-and-service-quality/mental-health-act-2014 Date of access: 19/10/2017

Case Study B – Rights and responsibilities

As a support worker in an aged care environment, you have a duty of care to the residents. Your duty of care includes:

  • Providing nutrition, hygiene and safety
  • Administering medicines, treatments and medical care
  • Protecting rights, confidentiality, physical wellbeing and mental wellbeing.

Under the scope of your role, you are responsible for:

  • Monitoring patient food and drink intake to ensure they are eating nutritious food on a regular basis. This includes bringing them three meals a day
  • Administering prescribed medication and over the counter pain relief
  • Supporting residents to get washed and dressed daily – this may involve reminding them or physically supporting them to do these tasks
  • Facilitating social, cultural and spiritual activities
  • Recording and storing patient information
  • Reporting concerns.

Organisational policies and procedures, which are informed by legislation, for your work practice include:

  • Asking residents for permission to carry out actions
  • Listening to patient requests and responding appropriately within the scope of your role
  • Keeping open lines of communication between the resident, their family and other relevant service providers and agencies
  • Providing residents with adequate information in order for them to make an informed decision
  • Respecting privacy by knocking, considering personal space, etc.
  • Promoting and facilitating residents to be able to express their identity, sexuality, spirituality, culture and beliefs.

Failure to uphold your responsibilities and abide by organisational policies and procedures with regards to work practices can result in negligence and action being taken. Where you have concerns that other staff are being negligent, and have potentially/actually breached legal requirements you should report these accordingly.

To report concerns you should:

  • Complete a concern form, including the following information:
  • details of resident involved
  • details of staff involved
  • nature of concern
  • any observations/information related to the concern
  • date/time concern was raised.
  • Copy the concern form and give one to your supervisor and place one in the resident’s information file.

Case Study C – Working ethically

You have started a new role working in a day centre for children with learning disabilities. Your role involves working with the children as well as their families and carers and colleagues and other agency workers.

Your supervisor has told you that all work conducted within the centre abides by the Code of Ethics written by Early Childhood Australia (ECA). As part of your induction process, she has asked you to familiarise yourself with this code and provided you with a link to access it as follows:

http://www.earlychildhoodaustralia.org.au/wp-content/uploads/2016/07/ECA-COE-Brochure-2016.pdf Date of access: 19/10/2017

Case Study D – A work dilemma

You work in a centre for looked after children and young people. One of your colleagues, who over the years, has also become a good friend of yours, recently shared that her husband walked out on her and her two young children. She has been left to cope alone and is really struggling financially as she is now the only wage earner and has to pay out for childcare.

As the person responsible for stock checks and ordering supplies such as nappies, baby wipes and formula, you notice that the rate at which these items are being used has increased, even though the number of children and young people at the centre has not changed.

One day, you see your colleague in the stock cupboard. When she notices you, she becomes flustered and goes to leave. As she does, she drops her bag and items she has taken from the stock cupboard fall out. She breaks down into tears and says she has been taking a few items from stock when she is desperate as she cannot afford to buy the items and still pay rent, utilities and run her car.

Case Study E – Unethical conduct

Over the course of working at a residential centre for vulnerable adults, you have noticed another member of staff for all the wrong reasons.

These include:

  • Wearing incorrect uniform
  • Coughing without covering his mouth and not washing his hands
  • Sneaking out for cigarettes whilst on duty
  • Shouting at residents when they don’t do what he wants them to do
  • Eating large handfuls of biscuits from the staff room whenever he is on a break
  • Openly being racist when talking about something he heard on the news
  • Talking to the family of a patient about another patient’s information
  • Writing his daily reports at the end of the day rather than at the time.

You are increasingly concerned and bothered by his conduct and so refer to your employee handbook for how to address the situation. The handbook states the following:

Your first action should be to confront the worker themselves and engage them in constructive discussion.

If this is unsuccessful in resolving the situation, you will need to report the situation to a higher authority, which in this case is the centre manager.

This report should contain:

  • The names of those involved
  • The time of the incident(s) and those present
  • Why the conduct was unethical
  • The actions already taken.

Case Study F – Improving work practices

The COAG Health Council have developed a National Code of Conduct for healthcare workers that all unregistered workers should abide by. Your employer, Tawny Owl Clinic, have explained that work practices must be in line with the Code of Conduct and provided you with a link so that you can familiarise yourself with the Code of Conduct.

http://www.coaghealthcouncil.gov.au/NationalCodeOfConductForHealthCareWorkers

An elderly lady has been at the clinic for a few days after suffering a fall in her home where she sustained minor cuts and bruises as well as a fracture in her forearm. Her wounds have been dealt with accordingly, and her arm has been set in a cast. She is visibly frail and has trouble with her mobility, and she has explained to staff that she is scared of going home in case she falls again as she lives alone and struggles to look after herself. She is ready to be medically discharged, and the clinic have arranged for transport to take her home. Tawny Owl Clinic does work in conjunction with a nursing home in the local area as well as mobility services, physical and mental therapy services and home care services. No information about this network and the options available to the patient have been explained to her.

Case Study G – Development and review

Below is an outline of the development and review process for workplace policies, procedures and protocols at Birchwood Lodge – a residential care home for adults with complex needs.

Stages in the development of policy, procedure and protocol

Stage One – Identify need At Birchwood Lodge, policies, procedures and protocols can be developed for two purposes; in anticipation of need or in response to a need.

Stage Two – Establish responsibility Upon recognising a need for development, lead responsibility needs to be delegated, as does other involved individuals, committees and groups, according to skills and expertise.

Step Three – Gather and collate information Find out if there are any legal obligations in the subject area and ensure that your knowledge on the subject is accurate and up to date. Research how other organisations have tacked similar subjects and draw on previous projects/examples.

Step Four – Draft Policy/ procedures/ protocol Write an initial version, ensuring that the wording and complexity are catered to those who will be required to implement it.

Step Five – Consult with stakeholders Communicate with those affected to seek their views and facilitate discussion of any potential implications.

Step Six – Finalise policy and obtain approval Submit the policy to the relevant persons for finalisation and approval

Step Seven – Consider if supporting documentation is required If policy has been created, will procedures for implementation be necessary? If procedures have been developed, will training be required? Ensure all information required is available.

Step Eight – Implement Communicate the policy to the necessary people and provide training to staff and volunteers where required.

Step Nine – Monitor, review and revise Ensure that monitoring and review processes are in place to assess the effectiveness and response to policies.

Review procedure

Ø All policies will be reviewed on a quarterly basis

Ø Staff and other relevant persons can put forward their views at any time via the Policy Feedback Form

Ø There will also be a stakeholder meeting each quarter for verbal discussion of implementation, effectiveness and any issues.

Case Study H

Below are resident notes that you have been given for a range of adults that are using the support services of your organisation.

Name: Jules

Age: 54

Gender: Male

Key care information: Jules has autism, and we support him in a residential unit he lives in. We support Jules in his everyday life tasks such as home upkeep, shopping and personal hygiene. We also work with Jules to develop his social skills.

Additional notes: Jules has trouble with some levels of social interaction that others would find normal. He struggles with eye to eye contact and has strong adverse reactions to being touched if he has not initiated it. He has a strong need for sameness and routine and becomes overwhelmed and upset if plans change without significant notice.

Name: Nicola

Age: 37

Gender: Transgender (male to female transition)

Key care information: Nicola suffers from PTSD due to a prolonged period of abuse in her childhood at the hands of her father. Nicola transitioned at the age of 21 after leaving her childhood home and relocating across the country. Our services support her to lead a more ‘normal’ life as without support, she does not leave the house, and her health and hygiene drastically declines. On one occasion, she was hospitalised due to malnourishment, and this is when our services were introduced. Nicola is on medication for depression and anxiety, which has to be reminded to take.

Additional notes: July 2017: It came to light that a member of staff had been propositioning Nicola regarding sexual activities and had made a range of lewd comments about Nicola’s gender in relation to this. This was uncovered by another member of staff after Nicola confided in them and showed them graphic pictures that the staff member had been sending to Nicola via phone messenger.

Name: Theo

Age: 21

Gender: Male

Key care information: Theo has Down’s syndrome, and we support his parents in his day to day care. We work with Theo to develop his language, coordination and social skills. We provide a level of respite for his parents as we take Theo on day trips twice a week.

Additional notes: Theo is non-verbal and has been assessed to have a significant impairment in understanding what is said to him. He does, however, display a range of violent and challenging behaviour such as hitting, biting and spitting.

August 2017: A member of staff who was on accompanying Theo on a day trip was overheard saying the following things to Theo, in earshot of the general public:

‘You are so annoying.’

‘I bet your parents wish you were normal.’

‘ I always get lumped with looking after you’.

Name: Barney

Age: 87

Gender: Male

Key care information: Barney has moderate dementia and sometimes does not recognise family members. He is forgetful and takes a long time to process or deliver information. We visit Barney daily to help him maintain as much independence as possible by supporting him in daily personal and household tasks.

Additional notes: Barney’s financial affairs and medical requirements are maintained by his grandson. The grandson has access to Barney’s accounts and takes out a set sum weekly to give to his grandfather. He also fills and collects all his medications and takes him to all his doctor’s appointments. Barney recently told a staff member that his grandson hasn’t given him any money in the last two weeks and that he is worried that he has been taking too much of his co-codamol medication and forgetting as he has run out much more quickly than normal.

Name: Mariah

Age: 45

Gender: Female

Key care information: Mariah obtained a spinal injury whilst on a tour in Afghanistan. She is now paralysed from the chest down but also only has use of one arm. We provide services to her on a daily basis which include helping her bathe and go to the toilet, prepare food and eat and any other general aid which she requires.

Additional notes: Mariah was fiercely independent prior to her injury, and although she has an incredibly positive outlook on life given her circumstances, she does struggle with having people see her in a ‘vulnerable position’ as she says.

Name: Aisha

Age: 19

Gender: Female

Key care information: Aisha is a Muslim woman who suffers with muscular dystrophy. She receives in-home support from us at the house she shares with her parents and younger sibling. We provide physiotherapy services as well as facilitate a level of independence in socialising without her relying on her parents.

Additional notes: Aisha has confided in our staff that she believes she is homosexual but can never tell her parents due to their strong religious beliefs. She is depressed as not only is her mobility limited; she also feels she is having to carry the burden of a huge secret.

Case Study I

Below is an extract of the policy from Bumblebees Child Care Agency.

Bumblebees Child Care Policy 2017

Ø All children will be respected and included

Ø Creativity and exploration should be actively encouraged

Ø Communication with parents and carers will be open to promote development and wellbeing in all children

Ø All children’s behaviour will be handled in accordance with our set Behaviour Policy

Ø Any injuries or accidents will be logged in the child’s file

Ø Parents/carers will be informed of children going missing only if they are not found within the timeframe of the working day

Ø All staff will undertake safeguarding training on a yearly basis to ensure the wellbeing of children is maintained at all times

Ø Children’s lunches brought in may only include items from our Healthy Food List.

Supplementary Oral Questions (optional) – for assessor

The below table is for you to document any supplementary verbal questions you have asked the learner to determine their competency. For example, if you are unsure of their answer to a question in the Learner Workbook, you may choose to ask them a supplementary question to clarify their understanding of the relevant criteria.

Learner’s name

Assessor’s name

Unit of Competence

(Code and Title)

Date of assessment

Question:

Learner answer:

Assessor judgement:

Satisfactory

Not Satisfactory

Question:

Learner answer:

Assessor judgement:

Satisfactory

Not Satisfactory

Question:

Learner answer:

Assessor judgement:

Satisfactory

Not Satisfactory

Question:

Learner answer:

Assessor judgement:

Satisfactory

Not Satisfactory

Question:

Learner answer:

Assessor judgement:

Satisfactory

Not Satisfactory

Feedback for the learner

I have read, understood, and am satisfied with the feedback provided by the assessor.

Learner’s name

Learner’s signature

Assessor’s name

Assessor’s signature

Competency record to be completed by assessor

This should be used by the trainer/assessor to document the learner’s skills, knowledge and performance as relevant to the overall unit. Indicate in the table below if the learner is deemed competent or not yet competent for the unit or if reassessment is required.

Learner’s name

Assessor’s name

Unit of Competence

(Code and Title)

Date(s) of assessment

Has the learner completed all required assessments to a satisfactory standard?

Yes No

(Please circle)

Has sufficient evidence and information been provided by the learner to prove their competency across the entire unit?

Yes No

(Please circle)

The learner has been assessed as competent in the elements and performance criteria and the evidence has been presented as:

Authentic

Yes No

(Please circle)

Valid

Yes No

(Please circle)

Reliable

Yes No

(Please circle)

Current

Yes No

(Please circle)

Sufficient

Yes No

(Please circle)

(SOLVED) Want answer for this assignment; Contact Online Chat Support.