The document outlines the legal and ethical framework necessary for community services and health workers in Australia, emphasizing the importance of understanding legislation, common law, and the responsibilities tied to duty of care, confidentiality, and privacy. It discusses various forms of legislation, including protective and enabling laws, and the necessity for compliance with organizational policies designed to uphold standards and ensure ethical practices. Additionally, the document highlights the significance of respecting individual differences and the rights of clients, along with the procedures for handling grievances and the concept of guardianship in decision-making.

1. CHCCS301A Work Within a Legal and Ethical Framework CLICK ON THE SOUND ICON THROUGHOUT THIS SLIDE SHOW TO PLAY AUDIO

2. Demonstrate an understanding of legislation and common law relevant to work role The legislative framework according to State and organisational requirements needs to be applied in a way appropriate to the individual’s work role. Understanding the Australian legal system will enable the worker to identify specific legal obligations within the overall legislative framework. Some of the key concepts defining our legal context include Common law- in 1066 the process of establishing uniform law throughout England began. Common law is also called case law, precedent law and unenacted law and can be defined as ‘judge-made law’ http://www.historyoflaw.info/history-of-english-law.html

3. Legislation Parliament-made law is also known as statute law, legislation and enacted law. Parliament –made law overrides common law and has the advantage of being able to make a ruling before a problem arises. Privacy Act 1988(Cwth) http://www.dva.gov.au/health/ethics/ipps.pdf http://www.comlaw.gov.au/ComLaw/Legislation/ActCompilation1.nsf/framelodgmentattachments/409069FCABD20271CA25725C008385B5

4. Legislation Young Offenders Act 1993 (South Australia) http://www.legislation.sa.gov.au/LZ/C/A/YOUNG%20OFFENDERS%20ACT%201993.aspx

5. QUESTION? / ACTIVITY Privacy Act 1988(Cwlth) How does this Act impact us in Community Service Work? YOU ARE REQUIRED TO POST YOUR DISCUSSION ON THE FORUM

6. Protective Legislation Community services and health workers will encounter two main types of legislation in the course of their work. Protective legislation- The concept of protective legislation acknowledges the fundamental responsibility of a government to protect citizens in areas such as Basic human rights Personal safety and property Undue interference in personal lives by authorities Child Welfare

7. Protective Legislation Additional links http://www.hreoc.gov.au/ http://www.hreoc.gov.au/info_for_students/index.html http://www.humanrightsact.com.au/2008/ http://www.aihw.gov.au/childyouth/index.cfm www.familiesandcommunities.sa.gov.au/LinkClick.aspx?fileticket=s1AGMfOakqk%3D&tabid=838&mid=3433

8. QUESTION? / ACTIVITY Choose one of the previously mentioned Acts, research and review it. Consider it’s relevance to the work you will undertake at Anglicare during your placement. YOU ARE REQUIRED TO POST YOUR DISCUSSION ON THE FORUM

9. Enabling Legislation Enabling legislation is an expression of social policy and is enacted by a government to achieve three basic purposes To allow the government certain controls over individuals and organisations To allow the government to use public money to provide services or to fund other bodies to provide a service. It may include protective purposes such establishing regulatory bodies.

10. QUESTION? / ACTIVITY Read the Commonwealth Disability Services Act 1986 and comment on its relevant to the work undertaken at Bower Place. http://www.comlaw.gov.au/comlaw/Legislation/ActCompilation1.nsf/0/771CC21D9C73EA75CA25730100268236?OpenDocument http://www.jobaccess.gov.au/JOAC/ServiceProviders/Help_available/Help_with_rights_and_responsibilities/Guide_to_legislation.htm YOU ARE REQUIRED TO POST YOUR DISCUSSION ON THE FORUM

11. Federal and State Laws The Australian Constitution outlines how the country conducts its operations. Australia has a Federal system of government with powers distributed between a central or Commonwealth government and regional or state governments. The Commonwealth Government is responsible for areas such as defense, employment and transport. The State governments are responsible for areas such as education, health and energy. http://australianpolitics.com/constitution/ http://www.comlaw.gov.au/comlaw/comlaw.nsf/440c19285821b109ca256f3a001d59b7/57dea3835d797364ca256f9d0078c087/$FILE/ConstitutionAct.pdf

12. Family Law Act 1975 (Cwlth) http://legislation.gov.au/comlaw/comlaw.nsf/previewlinks?OpenView&Count=9999&RestrictToCategory=LEGISLATION http://www.ag.gov.au/flc Family Law Reform Act 1995 (Cwlth) http://www.weblaw.edu.au/display_page.phtml?WebLaw_Page=Family+Law

13. Child Care Act 1972 (Cwlth) http://0-www.comlaw.gov.au.prospero.murdoch.edu.au/ComLaw/Legislation/ActCompilation1.nsf/0/51F381DA7B7D73C5CA257203001CAC85/$file/ChildCareAct72.pdf A New Tax System ( Family Assistance) Act. 1999 http://www.comlaw.gov.au/comlaw/Legislation/Act1.nsf/0/BF207F8955ABA279CA25738E0000C5BD/$file/08099.pdf

14. Duty of Care The law regarding duty of care states that a worker has an obligation to anyone who might be injured if the worker fails to take reasonable care in a given situation. The worker must act in accordance with organisational policy and procedures and within relevant State and Federal legislation. Employers are expected to provide a safe and healthy workplace and employees are expected to secure the health and safety of themselves and other people in the workplace.

15. There are four steps in demonstrating negligence in relation to duty of care- A duty of care must be owed It must be determined what is the appropriate standard of care. It must be demonstrated there has been a breach of the duty of care

16. Underpinning duty of care is the concept of worker responsibility. So that a worker can be accountable for their actions they should be aware of the following- Duties and responsiblities outlined in the job and person specifications Duty of care obligations Professional obligations outlined in relevant codes of practice Relevant organisational agreements or charters of practice Relevant professional charters Any other obligations outlined in organisational policies and procedures

17. Confidentiality The concept of confidentiality is based on a foundation of respect for the client and their autonomy The practice of confidentiality ensures that personal information is not disclosed without the permission of the client with the exception of the following situations In the interest of public safety If a client’s safety or health is in danger Giving evidence in court A statute requiring a doctor to release information to a health authority

18. QUESTION? / ACTIVITY After viewing the VIDEO ( scenario one )identifying breaches in confidentiality and comment on the correct procedures. VIDEO WEB LINK http://www.archive.org/details/Confidentiality_700 YOU ARE REQUIRED TO POST YOUR DISCUSSION ON THE FORUM

19. Privacy Privacy refers to the right of the individual to keep his or her life free from unwanted interference or public scrutiny. The principles of the International Covenant on Civil and Political Rights and the Organisation for Economic Cooperation and Development guidelines on the Protection of Privacy and Flows of Personal Data are embedded in The Privacy Act 1988 (Cwlth ). http://www.comlaw.gov.au/ComLaw/Legislation/ActCompilation1.nsf/0/D3C265274169345ACA25736E001DB439/$file/Privacy1988_WD02HYP.pdf

20. Follow the organisation’s policies and practices Policies, standards and procedures are specific guidelines that explain the workers responsibilities in the workplace. Standards are set within the community services and health industries whilst policies are written to uphold a standard. These policy documents outline a consistent framework for action. Procedures are the actions to be implemented by the worker so that the policy or standard is adhered to. Policies, standards and procedures are needed in industry to allow for consistency, efficiency, safety, accreditation and confidentiality in service delivery.

21. Work Ethically Ethics are the moral principles by which human actions may be judged as good or bad, right or wrong. A code of ethics is a statement about practice based on core values or the beliefs of the person or the organisation. The Universal Declaration of Human Rights will underpin all Codes of Ethics Link to Australian Association of Social Worker’s Code of Ethics. http://www.aasw.asn.au/about/ethics.htm

22. QUESTION? / ACTIVITY At this stage you should have reviewed the Australian Association of Social Worker’s Code of Ethics You will find QUESTIONS at the Front Desk of Bower Place AND on Moodle, please choose one to answer. YOU ARE REQUIRED TO POST YOUR RESPONSE ON THE FORUM

23. Ethics and Morals Ethics and morals- Morals are associated with personal conduct whereas ethics are associated to the principles adhered to by organisations to regulate the behavior of their members. Ethical conduct –refers to behavior that meets both moral and legal obligations to the clients and co workers. http://www.anmc.org.au/docs/ANMC_Code_of_Ethics.pdf

24. QUESTION? / ACTIVITY Open EACH hyperlinks and review each Ethical Dilemma http://www.ethics.org.au/about-ethics/ethical-dilemmas/dilemma-06-11.html http://www.ethics.org.au/about-ethics/ethical-dilemmas/dilemma-05-11.html http://www.ethics.org.au/about-ethics/ethical-dilemmas/dilemma-05-09.html http://www.ethics.org.au/about-ethics/ethical- dilemmas/dilemma-04-05.html YOU ARE REQUIRED TO POST YOUR DISCUSSION OF EACH DILEMMA ON THE FORUM

25. Respecting Difference Respecting difference – respectful worker/client relationships requires a recognition and acknowledgement of individual difference and diversity. Accommodating individual and cultural difference- the worker’s current framework for perceiving the world may be challenged as skills are developed to allow an acceptance of diversity Upholding rights and responsibilities in the face of difference- organisations need to have strategies in place for accepting and accommodating difference so that there is consistency in service delivery.

26. Recognise and respond when the clients rights are not being protected One of the roles of first point of contact is to explain clients rights. The organisation’s guidelines will determine the method used. Clients rights are based on the concept of social justice.

27. Equity Legislation Examples of ‘equity’ legislation are: Disability Discrimination Act 1992 http://www.hreoc.gov.au/disability_rights/index.html Equal Opportunity Act 1995 http://www.eduweb.vic.gov.au/hrweb/divequity/eeo/eeoact.htm

28. Equity Legislation Aboriginal and Torres Strait Islander Heritage Act 1984 Aboriginal Heritage Act 1988 http://www.dia.wa.gov.au/Heritage--Culture/Heritage-management/Aboriginal-Heritage-Act--other-legislation/

29. Worker’s Responsibility The worker’s responsibility in relation to the client’s rights include Identifying the client’s issues and providing relevant information Researching all possibilities of support and making referrals when appropriate to other agencies. Providing regular meetings in a safe environment to discuss issues relevant to planning and goal setting so that the outlined objectives will be attained

30. QUESTION? / ACTIVITY Identify two areas of Anglicare worker’s responsibilities in relation to clients’ rights. YOU ARE REQUIRED TO POST YOUR DISCUSSION ON THE FORUM

31. Organisation’s Responsibility The organisation’s responsibility in relation to the client’s rights include Provide clear information regarding service policy, available resources and access to information regarding other services Provide formal documentation processes for planning and monitoring Act in a coordinating role in the case management process Provide information regarding legal rights and obligations.

32. Complaints Procedures Complaints procedures are a formal mechanism for addressing issues about unfair or unprofessional treatment, failure to comply with agreed procedures of standards of behaviour. Clients should be made aware of their right to complain and be made aware of the formal processes in place within the agency.

33. QUESTION? / ACTIVITY Comment on different / similarities between Anglicare and Bower Places’ Grievance Procedures. YOU ARE REQUIRED TO POST YOUR DISCUSSION ON THE FORUM

34. QUESTION? / ACTIVITY Refer again to the VIDEO (Scenario 2), research and review areas that relate to Duty of Care and Advocacy. VIDEO WEB LINK http://www.archive.org/details/Confidentiality_700 YOU ARE REQUIRED TO POST YOUR DISCUSSION ON THE FORUM

35. Guardianship The concept of guardianship can be defined as the appointing of a person whose duty it is to make decisions within specified areas for another person who is deemed unsuitable to make their own decisions. Guardianship differs from advocacy as the guardian makes the decisions on behalf of another person.

36. All legal/statutory obligations within the workplace can be placed within this legal framework

37. ADDITIONAL RESOURCES Australian Nursing and Midwifery Council 2002, Code of Ethics for Nurses in Australia, ANMC, Dickson, ACT. Available from http://www.anmc.org.au/docs/ANMC_Code_of_Ethics.pdf Australian Nursing and Midwifery Council 2003, Code of Professional conduct for Nurses in Australia, ANMC, Dickson, ACT. Available from http://www.anmc.org.au/docs/Publications/ANMC%20Professional%20Conduct.pdf Australasian Legal Information Institute http://www.austlii.edu.au Supreme Court of South Australia http://www.austlii.edu.au/au/cases/sa/SASC/ http://www.courts.sa.gov.au/courts/coroner http://www.anmc.org.au/

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