FOLLOW
POLICIES,
PROCEDURES
AND PROGRAMS
OF THE
ORGANISATION


Week 4 8/8/2013



What are policies,
procedures and programs?



Why do we have policies,
procedures and programs?
This week – Week 5 15/8/2013
Duty of care
LEGAL REQUIREMENTS DUTY OF CARE PRINCIPLE
People who work with vulnerable people,
particularly children, youths and adults...
LEGAL REQUIREMENTS - DUTY OF CARE
PRINCIPLE


There is also a very important legal obligation
that you have as a person w...
Activity 1
Write down a situation where a duty of care
situation would apply, using the following
listings as a guide * Pa...
LEGAL REQUIREMENTS - DUTY OF CARE
PRINCIPLE


Duty of Care is a requirement that a person act
toward others and the publi...
LEGAL REQUIREMENTS - DUTY OF CARE
PRINCIPLE


An example would be when you are driving
passengers in your car. You need t...
LEGAL REQUIREMENTS - DUTY OF CARE
PRINCIPLE

Reasonable care
This suggests that the law does not
expect perfect care. The ...
LEGAL REQUIREMENTS - DUTY OF CARE
PRINCIPLE
What is reasonable care?
 A reasonable worker or organisation does things
acc...
LEGAL REQUIREMENTS - DUTY OF CARE
PRINCIPLE


Fulfilling your duty of care means thinking ahead



You need to consider ...
LEGAL REQUIREMENTS - DUTY OF CARE
PRINCIPLE


So, you need to:



Always consult with another worker or your
supervisor ...
LEGAL REQUIREMENTS - DUTY OF CARE
PRINCIPLE



Plan what you want and hope it will occur



Prepare according to this pl...
LEGAL REQUIREMENTS - DUTY OF CARE
PRINCIPLE


In any situation ask yourself;



What do I think are reasonable steps to ...
Activity 3
When you wrote down a situation where duty
of care situation would apply (activity 1) –
now, look up the
Guide ...
LEGAL REQUIREMENTS - DUTY OF CARE
PRINCIPLE
Activity 4 Role play scenarios – students to split into 3
groups







1) ...
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Follow policies and procedures week 5

  1. 1. FOLLOW POLICIES, PROCEDURES AND PROGRAMS OF THE ORGANISATION
  2. 2.  Week 4 8/8/2013  What are policies, procedures and programs?  Why do we have policies, procedures and programs?
  3. 3. This week – Week 5 15/8/2013 Duty of care
  4. 4. LEGAL REQUIREMENTS DUTY OF CARE PRINCIPLE People who work with vulnerable people, particularly children, youths and adults within community service organisations, have a primary responsibility to support and protect them  We have particular legal and ethical responsibilities to safeguard vulnerable people’s rights and interest and in particular to children and young people. 
  5. 5. LEGAL REQUIREMENTS - DUTY OF CARE PRINCIPLE  There is also a very important legal obligation that you have as a person who works in community service organisations and this is called “duty of care”
  6. 6. Activity 1 Write down a situation where a duty of care situation would apply, using the following listings as a guide * Parent/playgroup * Child arriving at daycare * Parent picking up a child after closing hours * Child with a temperature....
  7. 7. LEGAL REQUIREMENTS - DUTY OF CARE PRINCIPLE  Duty of Care is a requirement that a person act toward others and the public with the watchfulness, attention and caution that a reasonable person in the circumstances would use  If a person’s actions do not meet this standard of care, then acts are considered negligent, and any damages resulting may be claimed in a lawsuit for negligence.
  8. 8. LEGAL REQUIREMENTS - DUTY OF CARE PRINCIPLE  An example would be when you are driving passengers in your car. You need to make sure that you are driving safely and following road rules  This duty of care principle also operates at your school or TAFE environment
  9. 9. LEGAL REQUIREMENTS - DUTY OF CARE PRINCIPLE Reasonable care This suggests that the law does not expect perfect care. The standard of care expected of you is the standard that a reasonable person with the same experience and training would provide.
  10. 10. LEGAL REQUIREMENTS - DUTY OF CARE PRINCIPLE What is reasonable care?  A reasonable worker or organisation does things according to:  Relevant policies and regulations  Reasonable and lawful instructions  Their skills, training, duties and job description  Commonsense  You should be getting a basic understanding of why your legal and ethical obligations are so important.
  11. 11. LEGAL REQUIREMENTS - DUTY OF CARE PRINCIPLE  Fulfilling your duty of care means thinking ahead  You need to consider what your legal obligations and professional or ethical responsibilities suggest you do in any particular situation.  This is where your practices must include working ethically and abiding by the code of conduct within your job role.
  12. 12. LEGAL REQUIREMENTS - DUTY OF CARE PRINCIPLE  So, you need to:  Always consult with another worker or your supervisor about the particular situation if you are not sure of what to do. Even if you are confident, it is a good idea to check with your supervisor and confirm your plan of action.
  13. 13. LEGAL REQUIREMENTS - DUTY OF CARE PRINCIPLE  Plan what you want and hope it will occur  Prepare according to this plan  Predict what may go wrong or differently to the plan  Prepare for these possibilities (within reason)
  14. 14. LEGAL REQUIREMENTS - DUTY OF CARE PRINCIPLE  In any situation ask yourself;  What do I think are reasonable steps to take?  What do my co-workers and management feel is reasonable?  What does the law/regulations say I should do?  What are my organisation’s guidelines?
  15. 15. Activity 3 When you wrote down a situation where duty of care situation would apply (activity 1) – now, look up the Guide to the Education and Care Services National Law and the Education and Care Services National Regulations on your iPads to find the relevant section Discuss.
  16. 16. LEGAL REQUIREMENTS - DUTY OF CARE PRINCIPLE Activity 4 Role play scenarios – students to split into 3 groups    1) A mother comes to pick up her child. You can smell alcohol on her breath and she appears to be unable to walk properly. Her speech is slurred. It is the end of the day and there is one other worker with you. 2) A child has a high fever and the parent has been rung. However, it is now an hour later and the parent has not yet arrived to pick up the child. 3) A member of staff has arrived at work very upset. You ask her whether she wants to go home but she is adamant that she is alright. What do you do? Ask yourselves the follow questions when completing this activity. What do I think are reasonable steps to take?  What do my co-workers and management feel is reasonable?  What does the law say I should do?
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