This document discusses the concept of consent, including:
- Consent must be informed, voluntary, specific, and current. It also requires the person has legal capacity to consent.
- Valid consent involves clearly explaining risks/effects to allow reasonable understanding before agreement. Undue influence must not impair independent judgment.
- The "Gillick test" determines if a minor has sufficient maturity to understand the decision's nature/effects. In most places, 16 is the age of consent for sexual activity.
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The 16th Annual Seminar on Professional Responsibility was presented on October 11, 2013, and offered 2.75 CLE credits to attendees. The seminar covered topics regarding ethics and professionalism, including: duties to prospective clients; tips to avoid ethical and malpractice traps; blogging in the digital age; and substance abuse.
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This year's topics included lawyers and criminal conduct, ethical concerns for in-house counsel, confidentiality and professional considerations for lawyers using social media.
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Topics discussed included the ADA in workers' comp claims, substantial aggravation, limiting wage loss liability, slip and fall claims and a policy and legislative update.
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The future is before us! The opportunity exists for innovative collaborations to help Nebraska communities expand their capacity to be vibrant, prosperous places where people want to live and raise their families. A new University initiative, Community Vitality Initiative (CVI), brings partners together throughout the state. CVI engages organizations and communities in three areas:
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â˘Creating 21st Century Communities
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1. Work legally and ethically
CHCLEG001
Consent issues
1
David Smith
2. Learning outcomes:
By the end of this session, you should:
ďąHave a good understanding of the concept of
consent
ďąHave an understanding of how this is
important to us as welfare workers
04:23 2
3. Legal, ethical, organisational
Consent
Ethical
(industry code
of ethics)
Organisational
(Agency policies, code of
ethics) 3
Legal
(legislation,
common law)
Like so many issues,
âinformed consentâ has
legal, ethical and
organisational policy
dimensions
4. Consent:
Weâll start with
the legal aspects-
but keep this
nearby, so we
can remember
that weâre just
looking at legal
aspects for now
4
So.. What does âconsentâ
actually mean?
5. Consent
1) n. a voluntary agreement to another's
proposition.
2) v. to voluntarily agree to an act or proposal of
another, which may range from contracts to
sexual relations.
A simple dictionary
definition is:
9. Consent
1) n. a voluntary agreement to another's
proposition.
2) v. to voluntarily agree to an act or proposal of
another, which may range from contracts to
sexual relations.
Ok, so returning to our definition, and thinking more
broadly than sex and tea: can you think of times when
âconsentâ would be an important area for us to know
about in the welfare industry?
10. Consent
1) n. a voluntary agreement to another's
proposition.
2) v. to voluntarily agree to an act or proposal of
another, which may range from contracts to
sexual relations.
There are times when there is a question as to whether
someone has given consent⌠Perhaps:
â˘Consent to sexual activity
â˘Consent to medical treatment
â˘Consent to whether people agreed our services in the
first place
11. Consent
People can consent to things a number of ways.
For example, consent can be
1.Written
â People often think of this when consent is
discussed, and with good reason- having a written
record of somebodyâs permission is a useful thing
eg signing to give consent for an operation
12. Consent
People can consent to things a number of ways.
For example, consent can be
1.Written
2.Verbal
â Verbal consent is just as valid, but might be harder
to prove- but you donât always need to prove
things, and typically, the client isnât likely to deny
that they gave permission for something to
happen.
eg you ask a question, and the client says âyes.â
13. Consent
People can consent to things a number of ways.
For example, consent can be
1.Written
2.Verbal
3.Implied
â Implied consent can also be valid, and we probably
do it more often than we are aware of. Body
language, hand gestures etc do, after all form a
large part of our day to day communication
eg client opens mouth for a temperature to be taken
14. Consent
From a legal perspective, Section 10(2) of the ACT
Human Rights Act specifically protects individuals
from being subjected to medical treatment without
their âfree consentâ.
15. Consent
From a legal perspective, Section 10(2) of the ACT
Human Rights Act specifically protects individuals
from being subjected to medical treatment without
their âfree consentâ.
(it also protects us
from being
experimented on
and tortured, which
is nice)
16. Consent
But even without that protection, there are legal
systems in place to ensure that people give their
consent to anything that happens to them.
Normally, a husband canât decide what medical
treatment his wife has
A shopkeeper canât just decide that somebody
must buy his products
17. Consent
The tricky bit is when we canât be sure if somebody
was able to give consent. For example:
18. Consent
The tricky bit is when we canât be sure if somebody
was able to give consent. For example:
Can a severely intoxicated, mentally ill or elderly
person refuse to give consent to life saving medical
treatment?
19. Consent
The tricky bit is when we canât be sure if somebody
was able to give consent. For example:
Can a severely intoxicated, mentally ill or elderly
person refuse to give consent to life saving medical
treatment?
If your answer was âno,â youâre taking away their
right to control their own destiny
20. Consent
The tricky bit is when we canât be sure if somebody
was able to give consent. For example:
Can a severely intoxicated, mentally ill or elderly
person refuse to give consent to life saving medical
treatment?
If your answer was âIt depends how ill they are,â
who decides this?
If your answer was âno,â youâre taking away their
right to control their own destiny
21. Consent
We could ask similar questions about other people:
Can a sixteen year old sign a rental contract?
Can a severely intellectually disabled person give
permission to sexual activity?
Can elderly parents let their children make financial
decisions on their behalf?
22. The law states that consent is only valid when it is:
â˘informed,
â˘voluntary,
â˘specific and
â˘current,
AND
â˘The client has the legal capacity to consent.
What is valid consent?
23. The law states that consent is only valid when it is:
â˘informed,
â˘voluntary,
â˘specific and
â˘current,
AND
â˘The client has the legal capacity to consent.
What is valid consent?
Letâs look at these first few, one at a time
24. The law states that consent is only valid when it is:
â˘informed,
â˘voluntary,
â˘specific and
â˘current,
AND
â˘The client has the legal capacity to consent.
What is valid consent?
(Weâll get back to this one later)
25. The law states that consent is only valid when it is:
â˘informed,
â˘voluntary,
â˘specific and
â˘current,
AND
â˘The client has the legal capacity to consent.
What is valid consent?
âInformedâ means that the client was provided with
enough information to form a reasonable understanding
of the nature and effect of the decision.
26. The law states that consent is only valid when it is:
â˘informed,
â˘voluntary,
â˘specific and
â˘current,
AND
â˘The client has the legal capacity to consent.
What is valid consent?
In practice, this will usually mean discussing in some
detail what will be done and what is likely to result if it is
done (as well as, if appropriate, what will result if nothing
is done).
27. The law states that consent is only valid when it is:
â˘informed,
â˘voluntary,
â˘specific and
â˘current,
AND
â˘The client has the legal capacity to consent.
What is valid consent?
âVoluntaryâ means the client agreed of their own free
will, without the undue influence of other people or
circumstances that could impair their independent
judgment.
28. The law states that consent is only valid when it is:
â˘informed,
â˘voluntary,
â˘specific and
â˘current,
AND
â˘The client has the legal capacity to consent.
What is valid consent?
A clear way of demonstrating that the client has been
provided with a genuine choice is using a standard form
to record consent- but this should be explained not just
handed over to be signed.
google search for consent form
sample parent consent form with tips and instructions
29. The law states that consent is only valid when it is:
â˘informed,
â˘voluntary,
â˘specific and
â˘current,
AND
â˘The client has the legal capacity to consent.
What is valid consent?
This may also require thinking about whether there are
any issues of significant duress or undue influence (eg a
history of abuse by someone who is affected by the
consent).
30. The law states that consent is only valid when it is:
â˘informed,
â˘voluntary,
â˘specific and
â˘current,
AND
â˘The client has the legal capacity to consent.
What is valid consent?
âSpecificâ means the consent is to a clearly defined
activity.
Again, use of a consent form will enable us to capture
this information in a clear manner.
31. The law states that consent is only valid when it is:
â˘informed,
â˘voluntary,
â˘specific and
â˘current,
AND
â˘The client has the legal capacity to consent.
What is valid consent?
âCurrentâ means that the consent is not likely to be
outdated because of lapse of time, or change of relevant
circumstances.
32. The law states that consent is only valid when it is:
â˘informed,
â˘voluntary,
â˘specific and
â˘current,
AND
â˘The client has the legal capacity to consent.
What is valid consent?
If there is any doubt about whether the clientâs recorded
consent is still current, they should be asked to reconfirm
their wishes.
33. The law states that consent is only valid when it is:
â˘informed,
â˘voluntary,
â˘specific and
â˘current,
AND
â˘The client has the legal capacity to consent.
What is valid consent?
So, for example:
34. The law states that consent is only valid when it is:
â˘informed,
â˘voluntary,
â˘specific and
â˘current,
AND
â˘The client has the legal capacity to consent.
What is valid consent?
Antione wants to take a group of young people roller
skating.
35. The law states that consent is only valid when it is:
â˘informed,
â˘voluntary,
â˘specific and
â˘current,
AND
â˘The client has the legal capacity to consent.
What is valid consent?
He checks that they understand the risks involved
(although heâll do his best to eliminate any risks, they are
still present).
36. The law states that consent is only valid when it is:
â˘informed,
â˘voluntary,
â˘specific and
â˘current,
AND
â˘The client has the legal capacity to consent.
What is valid consent?
He makes sure that they know, even at the last minute,
that they can back out if they wish.
37. The law states that consent is only valid when it is:
â˘informed,
â˘voluntary,
â˘specific and
â˘current,
AND
â˘The client has the legal capacity to consent.
What is valid consent?
A few clients have already signed permission notes for
âall activities relating to the holiday programâ, but he
gets specific permission for this activity anyway.
38. The law states that consent is only valid when it is:
â˘informed,
â˘voluntary,
â˘specific and
â˘current,
AND
â˘The client has the legal capacity to consent.
What is valid consent?
⌠and one of the clients has already shown he
understood the risks on a previous occasion, and has
never had a problem with it before.
He checks regardless, and checks everyone is ok with it
immediately before the event.
39. The law states that consent is only valid when it is:
â˘informed,
â˘voluntary,
â˘specific and
â˘current,
AND
â˘The client has the legal capacity to consent.
What is valid consent?
.. Which brings us to the final requirement: the legal
capacity to consent.
40. To decide whether somebody has the legal capacity to
consent, a court would ask âthe Gillick testâ, named after
a court case where parents thought they should have
been asked permission for a teenâs medical advice.
More info: http://www.miga.com.au/riskresources/library/11RRFS08.pdf
http://www.legalaidact.org.au/pdf/publications_Youth_Law_Matters.pdf
Who has the âcapacity to consentâ?
41. To decide whether somebody has the legal capacity to
consent, a court would ask âthe Gillick testâ, named after
a previous court case where parents thought they should
have been asked permission for a teenâs medical advice.
More info: http://www.miga.com.au/riskresources/library/11RRFS08.pdf
http://www.legalaidact.org.au/pdf/publications_Youth_Law_Matters.pdf
Who has the âcapacity to consentâ?
The Gillick test asks:
âdoes this child/ adult have the intelligence and maturity
to understand the nature and effect of this proposed
decision?â
42. To decide whether somebody has the legal capacity to
consent, a court would ask âthe Gillick testâ, named after
a previous court case where parents thought they should
have been asked permission for a teenâs medical advice.
More info: http://www.miga.com.au/riskresources/library/11RRFS08.pdf
http://www.legalaidact.org.au/pdf/publications_Youth_Law_Matters.pdf
Who has the âcapacity to consentâ?
The Gillick test asks:
âdoes this child/ adult have the intelligence and maturity
to understand the nature and effect of this proposed
decision?â
This test of âmental capabilityâ can also include adults
with lower mental abilities or under the influence of
drugs.
43. For example, the age that someone is considered old
enough to consent to sexual activity varies greatly
between nations, and at different times in history
http://en.wikipedia.org/wiki/Ages_of_consent_in_Oceania#Australian_Capital_Territory
Who has the âcapacity to consentâ?
44. In the ACT and NSW, the age that someone can give legal
consent to sex is 16.
Who has the âcapacity to consentâ?
45. In the ACT and NSW, the age that someone can give legal
consent to sex is 16.
Who has the âcapacity to consentâ?
IMPORTANT NOTE: Since the child cannot legally consent,
this means that the person having sex with them is
breaking the law, by having sex without consent.
46. In the ACT and NSW, the age that someone can give legal
consent to sex is 16.
Who has the âcapacity to consentâ?
IMPORTANT NOTE: Since the child cannot legally consent,
this means that the person having sex with them is
breaking the law, by having sex without consent.
The under age person is not breaking the law.
47. In the ACT and NSW, the age that someone can give legal
consent to sex is 16.
Who has the âcapacity to consentâ?
The law allows for young people close in age and power,
and prohibits people with more power (eg teachers,
guardians) having sex with them until they are 18 yo.
IMPORTANT NOTE: Since the child cannot legally consent,
this means that the person having sex with them is
breaking the law, by having sex without consent.
The under age person is not breaking the law.
48. That gives us the general principles to work with.
Who has the âcapacity to consentâ?
For consent to medical procedures, the Age of Majority
Act (ACT) 1974 technically requires a parent or legal
guardianâs consent for persons under the age of 18 years.
49. That gives us the general principles to work with.
Who has the âcapacity to consentâ?
However, the doctor can apply the âGillick testâ and
assess the child to have sufficient maturity and that the
child adequately understands the nature and
consequences of the treatment, and accept that childâs
consent.
For consent to medical procedures, the Age of Majority
Act (ACT) 1974 technically requires a parent or legal
guardianâs consent for persons under the age of 18 years.
50. That gives us the general principles to work with.
Who has the âcapacity to consentâ?
Generally, a non disabled child who is 14 years of age is
considered old enough to consent to medical treatment
on their own behalf.
However, the doctor can apply the âGillick testâ and
assess the child to have sufficient maturity and that the
child adequately understands the nature and
consequences of the treatment, and accept that childâs
consent.
For consent to medical procedures, the Age of Majority
Act (ACT) 1974 technically requires a parent or legal
guardianâs consent for persons under the age of 18 years.
51. In NSW, the law is clearer, with a child aged 14 or over
being able to consent (as can their parents, if the child is
under 16)
Who has the âcapacity to consentâ?
52. In NSW, the law is clearer, with a child aged 14 or over
being able to consent (as can their parents, if the child is
under 16)
Who has the âcapacity to consentâ?
For more details on what young people can do at their
age, go to the link below for information in your state.
http://www.youthlawact.org.au/youth_law_matters_2013.pdf (ACT specific)
http://www.lawstuff.org.au/ (all states of Australia)
http://youthlaw.asn.au/for-youth-workers/publications/working-for-young-people/ (Victoria)
www.theshopfront.org/24.html (NSW)
53. There are laws allowing for people to plan for occasions
where they lose their ability to consent.
Who has the âcapacity to consentâ?
www.communitylaw.org.au/mentalhealth/cb_pages/images/mhlcadvancedirective.pdf
www.actlawsociety.asn.au/public-information/enduring-power-of-attorney
54. There are laws allowing for people to plan for occasions
where they lose their ability to consent.
Who has the âcapacity to consentâ?
www.communitylaw.org.au/mentalhealth/cb_pages/images/mhlcadvancedirective.pdf
www.actlawsociety.asn.au/public-information/enduring-power-of-attorney
This may be through a mental or other health concern, or
other circumstances where you canât make decisions,
such as when you are overseas or in hospital.
55. There are laws allowing for people to plan for occasions
where they lose their ability to consent.
Who has the âcapacity to consentâ?
www.communitylaw.org.au/mentalhealth/cb_pages/images/mhlcadvancedirective.pdf
www.actlawsociety.asn.au/public-information/enduring-power-of-attorney
This may be through a mental or other health concern, or
other circumstances where you canât make decisions,
such as when you are overseas or in hospital.
For people with mental illnesses, this can be a way of
saying what treatment they do, or do not, want to have.
However, the people making the decisions could still
decide to give you something different from what you
wanted.
56. Who has the âcapacity to consentâ?
www.communitylaw.org.au/mentalhealth/cb_pages/images/mhlcadvancedirective.pdf
www.actlawsociety.asn.au/public-information/enduring-power-of-attorney
(Read more by following these links)
57. The State or Public Trustees assist people with
their financial needs. They help clients appoint
enduring powers of attorney.
http://www.publictrustee.act.gov.au/
The Guardianship Board is a government body
that appoints a guardian for someone with
diminished capacity, who can no longer make
decisions regarding certain areas of their lives,
and when they have not made any prior power of
attorney arrangements
http://www.publicadvocate.act.gov.au/
58. Power of attorney (POA) is a legal document
that appoints someone to represent or act on
another's behalf in private affairs, business, or
some other legal matter, sometimes against the
wishes of the other's.
Public Advocate - The power to choose
59. ⢠Enduring Power of Attorney
http://
www.publictrustee.act.gov.au/powers-of-attorney
60. Scenario
One of your co- workers has an old car for
sale. It is currently registered, and reliable
if driven gently and not overworked. He is
asking for $900 for the car, but knows that
it is probably worth a bit less (and
Heâd accept this if offered).
65
So, letâs put what we know into practice:
61. What do you do?
Scenario
Marcus, one of your clients, has a part time job
and would like a car so he doesn't have to
catch the bus. You doubt he could afford to
maintain the car, or register it in a few monthsâ
time. It is unlikely that he would drive safely. He
can scrape together the asking price of $900 if
he borrows a bit from his boss.
You don't think it is in Marcus' interests to buy
the car. You don't think it is in Marcus' interests
to pay the full price.
66
62. What is valid consent?
Are there any legal barriers to your co- worker selling the
car to Marcus?
63. What is valid consent?
Are there any legal barriers to your co- worker selling the
car to Marcus?
Remember:
The law states that consent is only valid when it is:
â˘informed,
â˘voluntary,
â˘specific and
â˘current,
AND
â˘The client has the legal capacity to consent.
64. What is valid consent?
Are there any legal barriers to your co- worker selling the
car to Marcus?
Remember:
The law states that consent is only valid when it is:
â˘informed,
â˘voluntary,
â˘specific and
â˘current,
AND
â˘The client has the legal capacity to consent.
Marcus is aware of the carâs
problems. Heâs allowed to make
dumb decisions.
(We can make sure he knows
what heâs getting into, of course)
65. What is valid consent?
Are there any legal barriers to your co- worker selling the
car to Marcus?
Remember:
The law states that consent is only valid when it is:
â˘informed,
â˘voluntary,
â˘specific and
â˘current,
AND
â˘The client has the legal capacity to consent.
Nobody was forcing him to buy
it, it was a free choice.
66. What is valid consent?
Are there any legal barriers to your co- worker selling the
car to Marcus?
Remember:
The law states that consent is only valid when it is:
â˘informed,
â˘voluntary,
â˘specific
â˘current,
AND
â˘The client has the legal capacity to consent.
He was buying that specific car,
not cars in general
67. What is valid consent?
Are there any legal barriers to your co- worker selling the
car to Marcus?
Remember:
The law states that consent is only valid when it is:
â˘informed,
â˘voluntary,
â˘specific and
â˘current,
AND
â˘The client has the legal capacity to consent.
He has the chance to change his
mind, right up to the point
where he hands over the cash or
signs the contract
68. What is valid consent?
Are there any legal barriers to your co- worker selling the
car to Marcus?
Remember:
The law states that consent is only valid when it is:
â˘informed,
â˘voluntary,
â˘specific and
â˘current,
AND
â˘The client has the legal capacity to consent.
Assuming Marcus has no
intellectual, age or medical
barriers that would take away
his legal capacity, heâs good to
make the decision.
69. The full picture
Legally speaking (assuming Marcus has no intellectual,
age or medical barriers), this sale should go ahead.
74
70. The full picture
Legally speaking (assuming Marcus has no intellectual,
age or medical barriers), this sale should go ahead.
75
But the law is not our only concern.
71. The full picture
Legally speaking (assuming Marcus has no intellectual,
age or medical barriers), this sale should go ahead.
76
But the law is not our only concern.
Our code of ethics adds that we have to also balance:
â˘An attitude of respect for all people
â˘An emphasis on empowerment, dignity and client
participation
72. The full picture
Legally speaking (assuming Marcus has no intellectual,
age or medical barriers), this sale should go ahead.
77
But the law is not our only concern.
Our code of ethics adds that we have to also balance:
â˘An attitude of respect for all people
â˘An emphasis on empowerment, dignity and client
participation
These factors would also need to be taken into
account, for both you and your co- worker.
73. The full picture
Legally speaking (assuming Marcus has no intellectual,
age or medical barriers), this sale should go ahead.
78
But the law is not our only concern.
Our code of ethics adds that we have to also balance:
â˘An attitude of respect for all people
â˘An emphasis on empowerment, dignity and client
participation
These factors would also need to be taken into
account, for both you and your co- worker.
(and, of course, agency policies would need to be
followed if any applied in this situation)
74. Learning outcomes:
You should now:
ďąHave a good understanding of the concept of
consent
ďąHave an understanding of how this is
important to us as welfare workers
04:23 79
Editor's Notes
Most of the info is covered by all three areas- legal, ethical, agency policies.
Policies tend to clarify exactly how the law will work in our agency, or adds info that we think is special
Written- People often think of this when consent is discussed, and with good reason- having a written record of somebodyâs permission is a useful thing
Verbal consent is just as valid, but might be harder to prove- but you donât always need to prove things, and typically, the client isnât likely to deny that they gave permission for something to happen.
Implied consent can also be valid, and we probably do it more often than we are aware of. Body language, hand gestures etc do, after all form a large part of our day to day communication
Where a client consents to specific handling of their personal information in relation to its collection, use, disclosure or access, the Privacy Principles provide that such handling is lawful (unless of course the activity is illegal under other laws).
WHAT IS VALID CONSENT?
Where a client consents to specific handling of their personal information in relation to its collection, use, disclosure or access, the Privacy Principles provide that such handling is lawful (unless of course the activity is illegal under other laws).
WHAT IS VALID CONSENT?
Where a client consents to specific handling of their personal information in relation to its collection, use, disclosure or access, the Privacy Principles provide that such handling is lawful (unless of course the activity is illegal under other laws).
WHAT IS VALID CONSENT?
Where a client consents to specific handling of their personal information in relation to its collection, use, disclosure or access, the Privacy Principles provide that such handling is lawful (unless of course the activity is illegal under other laws).
WHAT IS VALID CONSENT?
Where a client consents to specific handling of their personal information in relation to its collection, use, disclosure or access, the Privacy Principles provide that such handling is lawful (unless of course the activity is illegal under other laws).
WHAT IS VALID CONSENT?
Where a client consents to specific handling of their personal information in relation to its collection, use, disclosure or access, the Privacy Principles provide that such handling is lawful (unless of course the activity is illegal under other laws).
WHAT IS VALID CONSENT?
Where a client consents to specific handling of their personal information in relation to its collection, use, disclosure or access, the Privacy Principles provide that such handling is lawful (unless of course the activity is illegal under other laws).
WHAT IS VALID CONSENT?
Where a client consents to specific handling of their personal information in relation to its collection, use, disclosure or access, the Privacy Principles provide that such handling is lawful (unless of course the activity is illegal under other laws).
WHAT IS VALID CONSENT?
Where a client consents to specific handling of their personal information in relation to its collection, use, disclosure or access, the Privacy Principles provide that such handling is lawful (unless of course the activity is illegal under other laws).
WHAT IS VALID CONSENT?
Where a client consents to specific handling of their personal information in relation to its collection, use, disclosure or access, the Privacy Principles provide that such handling is lawful (unless of course the activity is illegal under other laws).
WHAT IS VALID CONSENT?
Where a client consents to specific handling of their personal information in relation to its collection, use, disclosure or access, the Privacy Principles provide that such handling is lawful (unless of course the activity is illegal under other laws).
WHAT IS VALID CONSENT?
Where a client consents to specific handling of their personal information in relation to its collection, use, disclosure or access, the Privacy Principles provide that such handling is lawful (unless of course the activity is illegal under other laws).
WHAT IS VALID CONSENT?
Where a client consents to specific handling of their personal information in relation to its collection, use, disclosure or access, the Privacy Principles provide that such handling is lawful (unless of course the activity is illegal under other laws).
WHAT IS VALID CONSENT?
Where a client consents to specific handling of their personal information in relation to its collection, use, disclosure or access, the Privacy Principles provide that such handling is lawful (unless of course the activity is illegal under other laws).
WHAT IS VALID CONSENT?
Where a client consents to specific handling of their personal information in relation to its collection, use, disclosure or access, the Privacy Principles provide that such handling is lawful (unless of course the activity is illegal under other laws).
WHAT IS VALID CONSENT?
Where a client consents to specific handling of their personal information in relation to its collection, use, disclosure or access, the Privacy Principles provide that such handling is lawful (unless of course the activity is illegal under other laws).
WHAT IS VALID CONSENT?
Where a client consents to specific handling of their personal information in relation to its collection, use, disclosure or access, the Privacy Principles provide that such handling is lawful (unless of course the activity is illegal under other laws).
WHAT IS VALID CONSENT?
Where a client consents to specific handling of their personal information in relation to its collection, use, disclosure or access, the Privacy Principles provide that such handling is lawful (unless of course the activity is illegal under other laws).
WHAT IS VALID CONSENT?
Where a client consents to specific handling of their personal information in relation to its collection, use, disclosure or access, the Privacy Principles provide that such handling is lawful (unless of course the activity is illegal under other laws).
WHAT IS VALID CONSENT?
Where a client consents to specific handling of their personal information in relation to its collection, use, disclosure or access, the Privacy Principles provide that such handling is lawful (unless of course the activity is illegal under other laws).
WHAT IS VALID CONSENT?
Where a client consents to specific handling of their personal information in relation to its collection, use, disclosure or access, the Privacy Principles provide that such handling is lawful (unless of course the activity is illegal under other laws).
WHAT IS VALID CONSENT?
âmental capabilityâ includes adults with lower mental abilities and under the influence of drugs.
However, as a result of the international affairs power under Australia's constitution, a 1997 United Nations Human Rights Committee ruling has resulted in States repealing rules that differentiated between homosexual and heterosexual people on age of consent issues.
It is an offence in the Australian Capital Territory to have sexual intercourse with a person under the age of 16.[8] However, it is a defence if the younger party was aged 10 years or older and the offender was not more than 2 years older than the younger party.[9]
It is an offence in New South Wales to have sexual intercourse with a person under the age of 16[10] or attempt such an offence.[11] It is also an offence to have sexual intercourse with a person under the age of 18 if that person is under the care of the offender (guardian, teacher etc.).[12]
It is an offence in Queensland to have carnal knowledge of a person under the age of 16 (Criminal Code Act 1899, s.215). "Carnal knowledge" does not include "sodomy" (i.e., anal sex) which is not permitted with a person under the age of 18, regardless of gender or what position is taken by which individual.[17][18]
âmental capabilityâ includes adults with lower mental abilities and under the influence of drugs.
However, as a result of the international affairs power under Australia's constitution, a 1997 United Nations Human Rights Committee ruling has resulted in States repealing rules that differentiated between homosexual and heterosexual people on age of consent issues.
It is an offence in the Australian Capital Territory to have sexual intercourse with a person under the age of 16.[8] However, it is a defence if the younger party was aged 10 years or older and the offender was not more than 2 years older than the younger party.[9]
It is an offence in New South Wales to have sexual intercourse with a person under the age of 16[10] or attempt such an offence.[11] It is also an offence to have sexual intercourse with a person under the age of 18 if that person is under the care of the offender (guardian, teacher etc.).[12]
It is an offence in Queensland to have carnal knowledge of a person under the age of 16 (Criminal Code Act 1899, s.215). "Carnal knowledge" does not include "sodomy" (i.e., anal sex) which is not permitted with a person under the age of 18, regardless of gender or what position is taken by which individual.[17][18]
âmental capabilityâ includes adults with lower mental abilities and under the influence of drugs.
However, as a result of the international affairs power under Australia's constitution, a 1997 United Nations Human Rights Committee ruling has resulted in States repealing rules that differentiated between homosexual and heterosexual people on age of consent issues.
It is an offence in the Australian Capital Territory to have sexual intercourse with a person under the age of 16.[8] However, it is a defence if the younger party was aged 10 years or older and the offender was not more than 2 years older than the younger party.[9]
It is an offence in New South Wales to have sexual intercourse with a person under the age of 16[10] or attempt such an offence.[11] It is also an offence to have sexual intercourse with a person under the age of 18 if that person is under the care of the offender (guardian, teacher etc.).[12]
It is an offence in Queensland to have carnal knowledge of a person under the age of 16 (Criminal Code Act 1899, s.215). "Carnal knowledge" does not include "sodomy" (i.e., anal sex) which is not permitted with a person under the age of 18, regardless of gender or what position is taken by which individual.[17][18]
âmental capabilityâ includes adults with lower mental abilities and under the influence of drugs.
However, as a result of the international affairs power under Australia's constitution, a 1997 United Nations Human Rights Committee ruling has resulted in States repealing rules that differentiated between homosexual and heterosexual people on age of consent issues.
It is an offence in the Australian Capital Territory to have sexual intercourse with a person under the age of 16.[8] However, it is a defence if the younger party was aged 10 years or older and the offender was not more than 2 years older than the younger party.[9]
It is an offence in New South Wales to have sexual intercourse with a person under the age of 16[10] or attempt such an offence.[11] It is also an offence to have sexual intercourse with a person under the age of 18 if that person is under the care of the offender (guardian, teacher etc.).[12]
It is an offence in Queensland to have carnal knowledge of a person under the age of 16 (Criminal Code Act 1899, s.215). "Carnal knowledge" does not include "sodomy" (i.e., anal sex) which is not permitted with a person under the age of 18, regardless of gender or what position is taken by which individual.[17][18]
âmental capabilityâ includes adults with lower mental abilities and under the influence of drugs.
However, as a result of the international affairs power under Australia's constitution, a 1997 United Nations Human Rights Committee ruling has resulted in States repealing rules that differentiated between homosexual and heterosexual people on age of consent issues.
It is an offence in the Australian Capital Territory to have sexual intercourse with a person under the age of 16.[8] However, it is a defence if the younger party was aged 10 years or older and the offender was not more than 2 years older than the younger party.[9]
It is an offence in New South Wales to have sexual intercourse with a person under the age of 16[10] or attempt such an offence.[11] It is also an offence to have sexual intercourse with a person under the age of 18 if that person is under the care of the offender (guardian, teacher etc.).[12]
It is an offence in Queensland to have carnal knowledge of a person under the age of 16 (Criminal Code Act 1899, s.215). "Carnal knowledge" does not include "sodomy" (i.e., anal sex) which is not permitted with a person under the age of 18, regardless of gender or what position is taken by which individual.[17][18]
âmental capabilityâ includes adults with lower mental abilities and under the influence of drugs.
However, as a result of the international affairs power under Australia's constitution, a 1997 United Nations Human Rights Committee ruling has resulted in States repealing rules that differentiated between homosexual and heterosexual people on age of consent issues.
It is an offence in the Australian Capital Territory to have sexual intercourse with a person under the age of 16.[8] However, it is a defence if the younger party was aged 10 years or older and the offender was not more than 2 years older than the younger party.[9]
It is an offence in New South Wales to have sexual intercourse with a person under the age of 16[10] or attempt such an offence.[11] It is also an offence to have sexual intercourse with a person under the age of 18 if that person is under the care of the offender (guardian, teacher etc.).[12]
It is an offence in Queensland to have carnal knowledge of a person under the age of 16 (Criminal Code Act 1899, s.215). "Carnal knowledge" does not include "sodomy" (i.e., anal sex) which is not permitted with a person under the age of 18, regardless of gender or what position is taken by which individual.[17][18]
âmental capabilityâ includes adults with lower mental abilities and under the influence of drugs.
However, as a result of the international affairs power under Australia's constitution, a 1997 United Nations Human Rights Committee ruling has resulted in States repealing rules that differentiated between homosexual and heterosexual people on age of consent issues.
It is an offence in the Australian Capital Territory to have sexual intercourse with a person under the age of 16.[8] However, it is a defence if the younger party was aged 10 years or older and the offender was not more than 2 years older than the younger party.[9]
It is an offence in New South Wales to have sexual intercourse with a person under the age of 16[10] or attempt such an offence.[11] It is also an offence to have sexual intercourse with a person under the age of 18 if that person is under the care of the offender (guardian, teacher etc.).[12]
It is an offence in Queensland to have carnal knowledge of a person under the age of 16 (Criminal Code Act 1899, s.215). "Carnal knowledge" does not include "sodomy" (i.e., anal sex) which is not permitted with a person under the age of 18, regardless of gender or what position is taken by which individual.[17][18]
âmental capabilityâ includes adults with lower mental abilities and under the influence of drugs.
However, as a result of the international affairs power under Australia's constitution, a 1997 United Nations Human Rights Committee ruling has resulted in States repealing rules that differentiated between homosexual and heterosexual people on age of consent issues.
It is an offence in the Australian Capital Territory to have sexual intercourse with a person under the age of 16.[8] However, it is a defence if the younger party was aged 10 years or older and the offender was not more than 2 years older than the younger party.[9]
It is an offence in New South Wales to have sexual intercourse with a person under the age of 16[10] or attempt such an offence.[11] It is also an offence to have sexual intercourse with a person under the age of 18 if that person is under the care of the offender (guardian, teacher etc.).[12]
It is an offence in Queensland to have carnal knowledge of a person under the age of 16 (Criminal Code Act 1899, s.215). "Carnal knowledge" does not include "sodomy" (i.e., anal sex) which is not permitted with a person under the age of 18, regardless of gender or what position is taken by which individual.[17][18]
âmental capabilityâ includes adults with lower mental abilities and under the influence of drugs.
However, as a result of the international affairs power under Australia's constitution, a 1997 United Nations Human Rights Committee ruling has resulted in States repealing rules that differentiated between homosexual and heterosexual people on age of consent issues.
It is an offence in the Australian Capital Territory to have sexual intercourse with a person under the age of 16.[8] However, it is a defence if the younger party was aged 10 years or older and the offender was not more than 2 years older than the younger party.[9]
It is an offence in New South Wales to have sexual intercourse with a person under the age of 16[10] or attempt such an offence.[11] It is also an offence to have sexual intercourse with a person under the age of 18 if that person is under the care of the offender (guardian, teacher etc.).[12]
It is an offence in Queensland to have carnal knowledge of a person under the age of 16 (Criminal Code Act 1899, s.215). "Carnal knowledge" does not include "sodomy" (i.e., anal sex) which is not permitted with a person under the age of 18, regardless of gender or what position is taken by which individual.[17][18]
âmental capabilityâ includes adults with lower mental abilities and under the influence of drugs.
However, as a result of the international affairs power under Australia's constitution, a 1997 United Nations Human Rights Committee ruling has resulted in States repealing rules that differentiated between homosexual and heterosexual people on age of consent issues.
It is an offence in the Australian Capital Territory to have sexual intercourse with a person under the age of 16.[8] However, it is a defence if the younger party was aged 10 years or older and the offender was not more than 2 years older than the younger party.[9]
It is an offence in New South Wales to have sexual intercourse with a person under the age of 16[10] or attempt such an offence.[11] It is also an offence to have sexual intercourse with a person under the age of 18 if that person is under the care of the offender (guardian, teacher etc.).[12]
It is an offence in Queensland to have carnal knowledge of a person under the age of 16 (Criminal Code Act 1899, s.215). "Carnal knowledge" does not include "sodomy" (i.e., anal sex) which is not permitted with a person under the age of 18, regardless of gender or what position is taken by which individual.[17][18]
âmental capabilityâ includes adults with lower mental abilities and under the influence of drugs.
However, as a result of the international affairs power under Australia's constitution, a 1997 United Nations Human Rights Committee ruling has resulted in States repealing rules that differentiated between homosexual and heterosexual people on age of consent issues.
It is an offence in the Australian Capital Territory to have sexual intercourse with a person under the age of 16.[8] However, it is a defence if the younger party was aged 10 years or older and the offender was not more than 2 years older than the younger party.[9]
It is an offence in New South Wales to have sexual intercourse with a person under the age of 16[10] or attempt such an offence.[11] It is also an offence to have sexual intercourse with a person under the age of 18 if that person is under the care of the offender (guardian, teacher etc.).[12]
It is an offence in Queensland to have carnal knowledge of a person under the age of 16 (Criminal Code Act 1899, s.215). "Carnal knowledge" does not include "sodomy" (i.e., anal sex) which is not permitted with a person under the age of 18, regardless of gender or what position is taken by which individual.[17][18]
âmental capabilityâ includes adults with lower mental abilities and under the influence of drugs.
However, as a result of the international affairs power under Australia's constitution, a 1997 United Nations Human Rights Committee ruling has resulted in States repealing rules that differentiated between homosexual and heterosexual people on age of consent issues.
It is an offence in the Australian Capital Territory to have sexual intercourse with a person under the age of 16.[8] However, it is a defence if the younger party was aged 10 years or older and the offender was not more than 2 years older than the younger party.[9]
It is an offence in New South Wales to have sexual intercourse with a person under the age of 16[10] or attempt such an offence.[11] It is also an offence to have sexual intercourse with a person under the age of 18 if that person is under the care of the offender (guardian, teacher etc.).[12]
It is an offence in Queensland to have carnal knowledge of a person under the age of 16 (Criminal Code Act 1899, s.215). "Carnal knowledge" does not include "sodomy" (i.e., anal sex) which is not permitted with a person under the age of 18, regardless of gender or what position is taken by which individual.[17][18]
âmental capabilityâ includes adults with lower mental abilities and under the influence of drugs.
However, as a result of the international affairs power under Australia's constitution, a 1997 United Nations Human Rights Committee ruling has resulted in States repealing rules that differentiated between homosexual and heterosexual people on age of consent issues.
It is an offence in the Australian Capital Territory to have sexual intercourse with a person under the age of 16.[8] However, it is a defence if the younger party was aged 10 years or older and the offender was not more than 2 years older than the younger party.[9]
It is an offence in New South Wales to have sexual intercourse with a person under the age of 16[10] or attempt such an offence.[11] It is also an offence to have sexual intercourse with a person under the age of 18 if that person is under the care of the offender (guardian, teacher etc.).[12]
It is an offence in Queensland to have carnal knowledge of a person under the age of 16 (Criminal Code Act 1899, s.215). "Carnal knowledge" does not include "sodomy" (i.e., anal sex) which is not permitted with a person under the age of 18, regardless of gender or what position is taken by which individual.[17][18]
âmental capabilityâ includes adults with lower mental abilities and under the influence of drugs.
However, as a result of the international affairs power under Australia's constitution, a 1997 United Nations Human Rights Committee ruling has resulted in States repealing rules that differentiated between homosexual and heterosexual people on age of consent issues.
It is an offence in the Australian Capital Territory to have sexual intercourse with a person under the age of 16.[8] However, it is a defence if the younger party was aged 10 years or older and the offender was not more than 2 years older than the younger party.[9]
It is an offence in New South Wales to have sexual intercourse with a person under the age of 16[10] or attempt such an offence.[11] It is also an offence to have sexual intercourse with a person under the age of 18 if that person is under the care of the offender (guardian, teacher etc.).[12]
It is an offence in Queensland to have carnal knowledge of a person under the age of 16 (Criminal Code Act 1899, s.215). "Carnal knowledge" does not include "sodomy" (i.e., anal sex) which is not permitted with a person under the age of 18, regardless of gender or what position is taken by which individual.[17][18]
You have a 15 year old, somewhat naĂŻve client, who has started going out with an older partner.
You have a 15 year old, somewhat naĂŻve client, who has started going out with an older partner.
Where a client consents to specific handling of their personal information in relation to its collection, use, disclosure or access, the Privacy Principles provide that such handling is lawful (unless of course the activity is illegal under other laws).
WHAT IS VALID CONSENT?
Where a client consents to specific handling of their personal information in relation to its collection, use, disclosure or access, the Privacy Principles provide that such handling is lawful (unless of course the activity is illegal under other laws).
WHAT IS VALID CONSENT?
Where a client consents to specific handling of their personal information in relation to its collection, use, disclosure or access, the Privacy Principles provide that such handling is lawful (unless of course the activity is illegal under other laws).
WHAT IS VALID CONSENT?
Where a client consents to specific handling of their personal information in relation to its collection, use, disclosure or access, the Privacy Principles provide that such handling is lawful (unless of course the activity is illegal under other laws).
WHAT IS VALID CONSENT?
Where a client consents to specific handling of their personal information in relation to its collection, use, disclosure or access, the Privacy Principles provide that such handling is lawful (unless of course the activity is illegal under other laws).
WHAT IS VALID CONSENT?
Where a client consents to specific handling of their personal information in relation to its collection, use, disclosure or access, the Privacy Principles provide that such handling is lawful (unless of course the activity is illegal under other laws).
WHAT IS VALID CONSENT?
Where a client consents to specific handling of their personal information in relation to its collection, use, disclosure or access, the Privacy Principles provide that such handling is lawful (unless of course the activity is illegal under other laws).
WHAT IS VALID CONSENT?
Remember- some of these will overlap with legal- purpose of policy is often to cement/ clarify make clear how legal and ethical decisions are put into practice
When working with clients to evaluate and select suitable service strategies, you should aim to:
Maximise client self-determination and self-autonomy
Accommodate the personal preferences/aspirations of the individual
Put decision making into the hands of the client (or family/guardian/carer, if they are unable to make their own decisions)
Remember- some of these will overlap with legal- purpose of policy is often to cement/ clarify make clear how legal and ethical decisions are put into practice
When working with clients to evaluate and select suitable service strategies, you should aim to:
Maximise client self-determination and self-autonomy
Accommodate the personal preferences/aspirations of the individual
Put decision making into the hands of the client (or family/guardian/carer, if they are unable to make their own decisions)
Remember- some of these will overlap with legal- purpose of policy is often to cement/ clarify make clear how legal and ethical decisions are put into practice
When working with clients to evaluate and select suitable service strategies, you should aim to:
Maximise client self-determination and self-autonomy
Accommodate the personal preferences/aspirations of the individual
Put decision making into the hands of the client (or family/guardian/carer, if they are unable to make their own decisions)
Remember- some of these will overlap with legal- purpose of policy is often to cement/ clarify make clear how legal and ethical decisions are put into practice
When working with clients to evaluate and select suitable service strategies, you should aim to:
Maximise client self-determination and self-autonomy
Accommodate the personal preferences/aspirations of the individual
Put decision making into the hands of the client (or family/guardian/carer, if they are unable to make their own decisions)
Remember- some of these will overlap with legal- purpose of policy is often to cement/ clarify make clear how legal and ethical decisions are put into practice
When working with clients to evaluate and select suitable service strategies, you should aim to:
Maximise client self-determination and self-autonomy
Accommodate the personal preferences/aspirations of the individual
Put decision making into the hands of the client (or family/guardian/carer, if they are unable to make their own decisions)