And scope role recognise potential ethical issues and dilemmas

CHCLEG001 Work legally and ethically Learner Guide | Australian University Assignment

CHCLEG001 Work legally and ethically Learner Guide

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.

Unit Sector

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

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

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

Foundation Skills

This section describes language, literacy, numeracy and employment skills incorporated in the performance criteria that are required for competent performance.

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

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

Links

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

Examples may include:

◈ Aged care legislation
◈ Child protection and guardianship legislation
◈ Duty of care legislation
◈ Privacy legislation
◈ WHS legislation
◈ Mental health legislation
◈ Health records legislation

Common legal issues relevant to the workplace

The specific legal issues that you face in the workplace will be many and varied, depending on your particular industry.

You will need to be aware of the relevant legislation in your work sector and be well-versed in the areas that affect your role specifically. Information and full copies of this legislation can be found on the government websites listed previously.

The legislation requirements can differ between states and territories and you should check the specific laws in your location. You also need to be familiar with who has jurisdiction for all of the specific laws that apply and the regulatory bodies.

When the Australian Constitution was created in 1901, it created a federal system of government that distributed powers between the federal government and states.

There are two types of powers:

In total, there are nine legal systems in Australia – one federal system and eight state and territory systems. Most people in daily life are affected by the criminal laws of state and territory legislation.

Each federal and state system has three branches of government – legislative (to make the laws, in parliaments), executive (to administer laws) and judicial (to interpret and apply laws).

Federal Court of Australia

◈ Covers almost all civil matters under Australian federal law and some summary criminal matters◈ Can review decisions of Federal Court and Federal Magistrates Courts and some state and territory courts

Australian state and territory courts

◈ Have jurisdiction in all matters covered by state or territory laws
◈ Can handle matters under federal laws, where jurisdiction has been conferred
◈ Deal with most criminal matters under federal, state and territory laws
◈ Operate independently with their own supreme courts (some also have courts of criminal appeal)◈ District/county courts handle the most serious cases, with a judge and jury to determine the guilt/innocence of defendants
◈ Murder, rape and armed robbery are tried in a higher court
◈ Lesser offences are dealt in magistrates courts (without a jury)

The federal Attorney-General’s Department administers the funding for legal aid in federal law matters, whereas state and territory governments fund it for cases being tried under state and territory law.

Types of law

Categories and examples of when criminal laws apply include:

◈ Traffic/road laws
◈ drink driving
◈ speeding
◈ illegal use of an aeroplane
◈ driving in an unregistered vehicle
◈ wilful damage of vehicles
◈ not wearing a helmet
◈ stopping for pedestrians
◈ correct indicating
◈ Public order
◈ drug use
◈ public decency (sleeping on the streets, urination, nudity etc.)
◈ carrying of weapons in public
◈ dry areas
◈ rioting
◈ protest marches (remaining non-violent)
◈ assault
◈ defamation
◈ Property
◈ arson
◈ trespass
◈ theft
◈ littering
◈ vandalism
◈ intentional damage
◈ People
◈ passive smoking
◈ rape
◈ murder
◈ harassment
◈ suicide
◈ sexual abuse.

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It is important that you have a thorough understanding of the key statutory and regulatory requirements relevant to you work role.

These may include:

◈ Know how to meet their duty of care in line with their job role
◈ Apply privacy and confidentiality laws to tasks undertaken within their role
◈ Obtain client agreement before undertaking certain activities.

Meet duty of care

◈ Administration of:
◈ Medicines
◈ Treatments
◈ Medical care
◈ Protection of:
◈ Rights
◈ Confidentiality
◈ Physical wellbeing
◈ Mental wellbeing

This means that you must ensure that clients are receiving adequate care in these departments, as well as others. This includes tasks that you complete yourself, tasks completed by colleagues and tasks completed by the clients.

Whatever care you provide to the client, you must always ensure that you meet the requirements of the duty of care; this is a moral obligation and may be a legal requirement.

Duty of care in law

This can include the following people:

◈ Community and disability service workers
◈ Doctors
◈ Solicitors
◈ Financial advisors
◈ Drivers
◈ Local governments

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In order to restrict the number of negligence claims, there are laws, in Queensland related to professional liability for damages related to negligence:

◈ Personal Injuries Proceedings Act 2002 (Qld)
◈ Civil Liability Act 2003 (Qld)

This can be reviewed and monitored through:

◈ Supervision
◈ Co-worker/peer support and review
◈ Professional development
◈ Reading up on current literature
◈ Providing advice and services based on current evidence/facts
◈ Membership of professional associations
◈ Participating in research programs.

◈ Only gather and collect relevant and required information

Providing clients with as much privacy as possible will have a significant impact on their happiness and self-worth, and make life much more agreeable and attractive; having the privacy and opportunity to do things also encourages and provides levels of independence that clients may not necessarily expect.

◈ Providing clients with a private room where they can take or make phone calls will show them how much privacy they have and allow them to retain some of their identity and independence.

Confidentiality

Some information must be stored appropriately in line with confidentiality laws and organisational procedures, such as:

◈ Financial information
◈ Healthcare/medical records
◈ Personal details.

◈ Children and families using children's services
◈ Children and young people
◈ Individuals living in government funded services and/or institutions to 'clients'
◈ Individuals living in residential aged care environments
◈ Individuals living in residential disability environments
◈ Individuals living in the community
◈ Job seekers
◈ People seeking advice and assistance
◈ Prospective individuals to the service or services

By law (e.g. Aged Care Act 1997, Child Protection Act 1999, Disability Services Act 2006 etc.) clients have a right to be involved in decision making related to their own case. Failing to obtain consent can result in a violation of a variety of civil laws.

◈ Discussing options with others who have experienced the strategies that you are attempting to gain the client's consent on
◈ Trialling options with them

The client should not be forced to make a decision they are not comfortable with – this can constitute harassment.

◈ Show vigilance against potential breaches of legal or ethical practice
◈ Recognise when legal or ethical practice has been breached
◈ Follow organisational procedure for reporting a breach.

Recognising a breach

When you notice a potential or actual breach for any of the above (or any others relevant to your work role), you should report them to the appropriate person within your organisation and (if applicable) governing body.

Encourage the use of anonymous hotlines/reporting, to remove the obstacle of colleagues being reluctant to report on each other for fear of retribution.

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

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

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

◈ Locate and access sources of information about their ethical responsibilities within the workplace

◈ Follow their organisation’s code of ethics when undertaking all activities

Clarifying what ethical conduct is shows a commitment to moral standards of behaviour. Your particular workplace may have their own set of ethical guidelines, to identify specific issues within its industry e.g. aged care, disability services. All ethical codes should be based on appropriate behaviour towards the client, with protection of their rights and respect for their beliefs.

Code of ethics

Community attitudes – these are general views on certain subjects and how people should be treated. In the last 20 years or so, attitudes have shifted and legislation has followed in due course.

Human rights – these are basic entitlements of human beings – freedom, choice, privacy, dignity, social justice, participation and non-discrimination. The United Nations has published a Universal Declaration of Human Rights on this matter.

Activity 2A

2.2 – Identify the scope and nature of own ethical responsibilities

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◈ Access to services
◈ Confidentiality
◈ Dignity
◈ Freedom of association
◈ Informed choice
◈ Privacy
◈ Right to express ideas and opinions
◈ To an agreed standard of care
◈ To lodge a complaint

These rights are detailed in:

Privacy legislation exists at both a state and federal level within the following Acts:

◈ Child Protection Act 1999 (Qld)
◈ Family Law Act 1975 (Cwlth)
◈ Freedom of Information Act 1992 (Qld)
◈ Juvenile Justice Act 1992 (Qld)
◈ Mental Health Act 2000 (Qld)
◈ Privacy Act 1988 (Cwlth)

Issues of confidentiality should never be taken lightly – you should discuss them with your supervisor. Senior staff should always be involved for complex, competing decisions e.g. confidentiality vs. safety.

Sharing information within a team

The right to consent

There is a legal obligation to obtain client consent – that is, that they agree to services you intend to provide for them.

◈ Discussing options in groups

◈ Discussing options through key stakeholders within their social network

◈ Giving them adequate time and space to make a reasoned decisions

◈ Actively listening to client concerns and addressing them

Duty of care in law

Duty of care comes under the ruling of tort law i.e. a civil wrong as opposed to a breach of contract. It requires an individual to provide a standard of reasonable care while carrying out any activity that could potentially harm others. Breaching duty of care means that you, as an individual, are liable to legal action from the claimant.

◈ Community and disability service workers

◈ Doctors

For negligence to be successful, the following must be proven:

◈ A duty of care is owed by the plaintiff to the defendant.

In order to restrict the number of negligence claims, there are laws, in Queensland related to professional liability for damages related to negligence:

◈ Personal Injuries Proceedings Act 2002 (Qld)
◈ Civil Liability Act 2003 (Qld)

This can be reviewed and monitored through:

◈ Supervision
◈ Co-worker/peer support and review
◈ Professional development
◈ Reading up on current literature
◈ Providing advice and services based on current evidence/facts
◈ Membership of professional associations
◈ Participating in research programs.

◈ No further action is taken (but the incident documented)
◈ The complaint is investigated
◈ The complaint is referred to another person/department
◈ The client takes action (after having their options explained to them)

How to handle complaints

Regardless of your own personal values, you should offer all services equally to clients, regardless of their personal values, beliefs, attitudes and culture. This is not to say that you cannot have your own opinions – it is moreover a question of being empathic, non-judgemental and unbiased about the views and preferences of others. In fact, understanding your own views and morals and what drives them will better prepare you to understand those of others.

Definitions

An attitude is a belief – it is what we think is the proper way of acting or thinking about a particular subject. Their strength can vary – strong ones are values, whereas less important ones are defined as opinions.

Stereotypes

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Views around the above will affect the decisions we make on a daily basis and our priorities. This can be things like which jobs you complete first, how to respond to client needs and the priorities when you have a conflict of interest/priority.

◈ Dependent
◈ Mentally incompetent
◈ Reliant on handouts
◈ Boring
◈ A burden
◈ Unable to work
◈ Unproductive
◈ Depressed

These can, if believed by you or others, negatively affect the lives of the people concerned. These negative images can lead people to disassociate themselves from these people and treat them differently – however, this contradicts their right to be treated equally, with respect and with dignity. This breaches your duty of care towards them.

Try and develop cultural sensitivity – this means understanding the beliefs of other cultures, but does not mean accepting them as your own.

You can be culturally sensitive by:

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Confidentiality and duty of care

You should find out your organisations policies and procedures regarding confidentiality and disclosure.

You can find this information out form people such as:

Remember that ignorance of the law is not a defence in breaching it – you need to find out the exact guidelines for how to store confidential information. As they are progressive, it is important to keep up to date with requirements. This can be done through reading industry-released circulars.

Information should be kept for seven years from when it is inputted (and 15 in a medical setting, or at the point when people turn 18).

◈ Phone numbers and addresses of staff

◈ Names and personal details of benefactors and volunteers

◈ Keeping it away from unauthorised people

◈ Keeping it in locked rooms

Clients also have a right to view their records – this information should be supplied only by authorised personnel in that field. If access is denied the client should be informed why and given details of when the decision can be reviewed. Any comments they make should be attached to their notes in an addendum.

There should be policies in place to deal with workers who breach confidentiality – these are detailed in section 3.5.

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9/8/21, 11:28 AM CHCLEG001 Work legally and ethically Learner Guide | Australian University Assignment

Ethical issues and dilemmas may include:

◈ Conflict of interest
◈ Using work time to sort out personal matters
◈ Taking credit for other people’s work
◈ Harassing colleagues or clients
◈ Bullying
◈ Personal relationships with clients or colleagues
◈ Confidentiality of information
◈ Malpractice
◈ Patient consent.

◈ Supervisor
◈ Manager
◈ Colleagues
◈ Patient
◈ Family of patient

Activity 2C
2.5 – Recognise own personal values and attitudes and take into account to ensure non-judgemental practice

Completing a self-evaluation of your values and attitudes is a useful learning tool and can help you explore your feelings towards topics you may not have even considered in the past.

Activity 2D
2.6 – Use effective problem solving techniques when exposed to competing value systems

◈ Demonstrate understanding that their work roles and responsibilities should take precedence over personal views.

Competing value systems

In order to make ethical decisions, you need to bear the following in mind:

◈ The guidelines of you profession

◈ Professional morals

◈ Exploration of different perspectives of ethical dilemmas

3. Determine the scope of the dilemma and seek advice – this is where you will need to ask which actions are in the best interests of the client's safety and how you can best satisfy the preferences of both parties.

Seek to consult with those at least one or two levels higher up than your position, to get an objective opinion on the situation. Steer clear of people with agendas and biased views/vested interests.

To help yourself in the area of ethical decision-making, you should keep abreast of all the latest developments in legislation and your field. You should also share dilemmas with colleagues and supervisors. This process should be ongoing and you should always strive to provide the maximum amount of professional and ethical assistance.

Activity 2E