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CHCCS400C Work within a Legal and Ethical FrameworkNerrilyn Agius 1 24/07/2012
Element 1 Understanding legislation and relevant laws 1. Demonstrate an understanding of legal responsibilities and obligations in your work 2. Demonstrating an understanding of key statutory and regulatory requirements 3. Fulfilling your duty-of-care requirements 4. Accepting responsibility for your own actions 5. Maintaining confidentiality 6. Seeking the client’s agreement before providing servicesNerrilyn Agius 2 24/07/2012
As Community Service Workers we are required to understand how legislation and Common law affect us, our clients and our workplace Legislation outlines specific legal requirements that must be adhered to by health and aged care organisationsNerrilyn Agius 3 24/07/2012
Legislation relevant to staff and clients in the health, disability andaged care sector include;Aged CareHome and community care AccessHealth services Accounts receivableDisability discrimination, disability services DepreciationRacial Discrimination LiabilitiesEqual opportunity Owners EquityFreedom of information RevenuePrivacy ExpensesOccupational health and safety Statement of FinancialBuilding standards Position (Balance sheet)Duty of care pharmaceutical benefits BudgetPoisons and therapeutics Invoicing Petty cash Think how you adhere to these in your workplace!
Think of your job description what legal responsibilities and obligations are you required to consider!Nerrilyn Agius 5 24/07/2012
Ten national privacy principles Principle What it meansCollection You may only collect necessary personal information. You must advise individuals that they can gain access to this informationUse and Personal information should only be used for the reason it was collecteddisclosureData quality Personal information must be accurate, complete and up to date.Data security You must take reasonable steps to protect personal information from misuse, loss, unauthorised access, modification or disclosure.Openness You must be able to provide a policy on the management of personal information to anyone who asksAccess and If an organisation has personal information about and individual. It must give the individual access to the information and allow them to correct it.correctionUnique An organisation must not use a unique identifier, such as a tax file number or its own identifier. A unique identifier is usually a number assigned to an individual to identifyidentifies them for the purposes of an organisation’s operationsAnonymity Individuals should be given the option of not identifying themselves when entering into transactions with organisations provided it is lawfulTransborder Personal information may only be transferred to foreign countries if the same privacy protection applies or consent is given.data flowsSensitive The law restricts collection of sensitive information such as individuals ethnic, origin, Nerrilyn Agius 6 24/07/2012 political views, religious beliefs, sexual preferences membership of groups or criminalinformation record.
Every day we do something quite naturally, we practice Duty of Care It is everywhere, it is part of our lives We have a duty of care not to expose ourselves, our clients, our co-workers and the general public to the risk of being harmed. Our employer has a duty of care to train us to our jobNerrilyn Agius 7 24/07/2012
Duty of Care means a duty not to be careless or negligent by taking reasonable steps to avoid harm, whilst at the same time taking into account sensible risk taking for each individualNerrilyn Agius 8 24/07/2012
Duty of care is based on three sets of standards; 1.Community standards; • the community by law must behave so as not to put at risk or harm anyone. • Treat others with respect and dignityNerrilyn Agius 9 24/07/2012
2. Professional standards; • Doctors, Lawyers, priests. • Not perfect behavior • Do require acceptable, reasonable and competent levels of practice.3. Agency standards • Government standards required for finance • State what clients can expect from the service • Has a minimum set of standards to assist the agency in service provisionNerrilyn Agius 10 24/07/2012
Duty of care is sometimes thought of as only being related to physical safety, whereas it should actually be seen in the context of all of the rights of people being supported by carers.Nerrilyn Agius 11 24/07/2012
This means agencies are accountable to their clients and the funding bodies to provide the agreed standard of service. Staff then are accountable to their: • Clients • Families • Advocates • Workplace Breach of Duty of Care can result in a claim for negligenceNerrilyn Agius 12 24/07/2012
For Negligence to exist four things need to be clearly demonstrated; 1.Staff owed a duty of care to a Client 2.Person taking action must be able to show that harm has occurred because of breach of duty of care 3.The person experienced actual harm or injury 4.The harm was reasonably foreseeable in the circumstancesNerrilyn Agius 13 24/07/2012
As a community service professional you are responsible for your own actions. You demonstrate this when you: • are trustworthy in your dealings with others • communicate and act in a truthful, transparent manner • provide comprehensive and accurate information • take responsibility for expressing a point of view • acknowledge the results of your actions whether they were intended or notNerrilyn Agius 14 24/07/2012
Team work enables workers to share experiences, knowledge, information and perspectives. Key features of effective teams are: Communication Understanding of each others roles Cooperate with each other Accept responsibility for their actions Trust Take corrective action Resolve conflict constructively Contribute to the goals and the values of the teamNerrilynRecognise Agius the diversity of individual team members 15 24/07/2012
Confidentiality of clients and carers must be maintained at all times. You may not think some information is important however your client might think differently. You are not the judge of their personal informationNerrilyn Agius 16 24/07/2012
How would you safeguard your client’s information?Keep personal information safe to prevent unauthorised access, loss,modification, disclosure or misuse.Ensure only authorised personnel have access to personal informationBe discreet when speaking on the telephoneNever discuss a client during your tea break or in publicNever give details about another person or their telephone numbers outover the phone without their prior permissionTake care not to discuss clients with anyone else unless it is in the client’sbest interests.Take all reasonable steps when transmitting personal information by emailor faxEnsure information that is no longer required is returned to the place oforigin and disposed of in the correct mannerNerrilyn Agius 17 24/07/2012
There is an ethical expectation that you will not reveal any sensitive or confidential business information about the organisation you work for. If your co-workers confide in you about a personal matter respect their privacy.Nerrilyn Agius 18 24/07/2012
Disclosure of information is permitted in some instances: • Compelled by law • A patient’s interests require disclosure • There is a duty to the public • The person has consented to the disclosureNerrilyn Agius 19 24/07/2012
Any written document, forms, emails or client records are permanent and legal documents. For this reason you should be very particular in the way you record information in your workplaceNerrilyn Agius 20 24/07/2012
People are more responsive to care if they feel they have a choice about their day-to-day care needs. It helps to preserve their dignity and self-esteem. Everyone has a right to determine their own service options. There are legal and ethical reasons for involving your client in decisions about the services they receive and to gain consent before any type of care is given.Nerrilyn Agius 21 24/07/2012
If the client is unable to give consent you may need to use: • An advocate who will speak up on behalf of the client o this could be the coordinator o an appointed advocate • A Guardian has the duty to o protect the rights, welfare and best interest of the client o encourage the client to live as normal a life as possible o consider the views of the client o preserve and recognise the cultural and linguistic needs of the client o protect the client from abuse, neglect and exploitation • Power of attorney is a legal document that appoints someone to act on behalf of someone else in matters of money, property or medical treatment.Nerrilyn Agius 22 24/07/2012