Reference no: EM133512284

Work Legally and Ethically

This unit describes the skills and knowledge required to identify and work within the legal and ethical frameworks that apply to an individual job role.This unit applies to community services and health workers who play a proactive role in identifying and meeting their legal and ethical responsibilities.

Skills must have been demonstrated in the workplace or in a simulated environment that reflects workplace conditions. The following conditions must be met for this unit, use of suitable facilities, equipment and resources, including:
• current legislation, regulations and codes of practice
• organisation policies, procedures and protocols
• modelling of industry operating conditions, including presence of problem-solving activities

Assessment tasks

To demonstrate competency for this unit, you must successfully complete the following assessment tasks.

Part A - Questions

Question 1 Which two (2) Acts set legislative guidelines about how information should be collected, disclosed, used and stored?

Question 2 List two (2) types of laws that relate to the role of a community services worker and provide an example of each.

Question 3 Provide one consequence of breaching a child protection Act.

Question 4 Provide two (2) Acts which organisations within Australia must comply with to prevent discrimination and foster equality of opportunity.

Question 5 Provide a definition of dignity of risk.

Question 6 What are two consequences of breaching your duty of care?

Question 7 A staff member brings their child to work. (Consider requirements for working with children checks)
1. Provide one possible impact of the child's presence on other staff.
2. Provide one possible impact of the child's presence on clients
3. What is the organisation's policy relating to a staff member bringing a child to work?
4. The organisation does not allow parents to bring their children to the workplace. What could occur to the parent of the child if this happens?

Question 8 1. Identify two (2) rights from the Universal Declaration of Human Rights (UDHR) that are directly relevant to community services work, and
2. Provide an example how each can be demonstrated in your workplace.

Question 9 Human needs are linked to the physical, social and emotional growth and development of the individual. These include food, water, and shelter, followed by the need for safety and security, then belonging or love, self-esteem, and finally, personal fulfilment. (consider Maslow's Hierarchy of Needs)
Human Rights are based on principles of dignity, equality and mutual respect, which are shared across cultures, religions and philosophies. They are about being treated fairly, treating others fairly and having the ability to make genuine choices in our daily lives.
Complete this table by giving an example of a human need/ human right and how this links to a workplace policy.

Question 10 Describe how instruments such as declarations of rights and legislation governing service provision and setting service standards are used to guide the provision of services.

Question 11 1. Describe what you should do if you are asked to carry out a task that is not within the scope and boundaries of your job role.
2. What are the consequences of carrying out a task outside your work role, for which you are not qualified or competent?

Question 12 Provide two (2) types of legal issues that may arise when you are providing services to a person.

Question 13 What is one (1) appropriate way to respond to a legal issue when providing services to a person?

Question 14 Give an example of breaching client boundaries.

Question 15 Provide two (2) types of ethical issues that may arise when providing services to a person.

Question 16 List two (2) consequences of breaching workplace code of conduct.

Question 17 Explain how codes of practice can provide guidance for community service workers.

Question 18 List one difference between legal frameworks and ethical frameworks.

Question 19 Describe one similarity between legal and ethical frameworks.

Question 20 Describe how legal and ethical frameworks interrelate.

Question 21 List two (2) questions that you could ask yourself that would help you to interpret your ethical responsibilities.

Question 22 When a work practice needs to be improved, what organisational standards may indicate that additional professional training is required?

Part B - Case study questions

Read the case study, then answer the questions that follow.

Case study (questions 1-4)
Joe works in a community centre where Susannah attends English language classes. She has three children who attend a play group at the centre. Joe has noticed that Susannah has bruises on her face and arms and that two of the children have bruises on the backs of their legs.
Joe is concerned about Susannah and her children. He is finding it hard to sleep at night and is staying back at the community centre after his shift finishes so that he can spend a few minutes talking to Susannah. He has offered to drive her home and to pick her and the children up in the morning. Joe has also approached a police officer who is a friend of his and told him about his concerns. He has given the police officer Susannah's address and asked him to drive past her house and check on her welfare.

Question 1 List where Joe can find information about his legal responsibilities in relation to child protection and to domestic and family violence (DFV)and describe the specific information he needs in order to manage this situation.

Question 2 Describe the specific information Joe should check to identify the scope of his legal responsibilities.

Question 3 Describe three ways that Joe has breached his work role boundaries as well as the legal and ethical requirements of his role.

Question 4 How should Joe address his concerns while working within the boundaries of his professional role, legal requirements and his organisation's policies and procedures?

Read the case study, then answer the questions that follow.

Case study (questions 5-9)
Susannah's husband Andrew has found out that Joe has been offering lifts to Susannah and the children. He has made a formal complaint to Joe's supervisor, Betsy. He has threatened to stop his wife and children attending the centre if Joe continues to work with Susannah and has requested a female worker to support his family.
Susannah has requested a female support worker, saying she would feel more comfortable and says her husband will allow her to continue attending the centre if she has a female support worker.
Jenny is appointed as Susannah's support worker. Susannah asks for some information about Domestic Family Violence (DFV) services in the local area. She has also asked if she can come to Jenny's house if she feels unsafe in her own home at any time. Jenny has explained that she cannot offer Susannah accommodation in her house, but she can refer her to a women's refuge service if Susannah needs this. Jenny feels very strongly about DFV issues and when she was younger she was in a violent relationship herself.

Question 5 What strategies or policies can Betsy use to respond to the complaint?

Question 6 Describe two (2) ways Jenny can ensure she obtains legal, valid informed consent from Susannah.

Question 7 What is Jenny's responsibility regarding mandatory reporting requirements?

Question 8 Access the Community Work Practice Guidelines at Locate Standard 4: ‘The regulatory framework'
For each of the Indicators 4.1- 4.3, explain how Jenny can ensure she is upholding the practice standards.

Question 9 What rights does Susannah have to be able to attend the centre?

Case study (question 10-12)
Mary is a resident in a refuge for women and children. Her husband has threatened her life and the life of her son and she has been granted a violence restraining order. Her 10-year-old son, Frederick, is very angry about being separated from his father.
Frederick approaches Beryl, a new part time refuge worker. He confides in her how much he misses his father and how desperately he wants to see him, or even just talk to him. He persuades Beryl to let him use the phone in the office to contact his father. Beryl agrees as long as she remains in the office with him. Frederick blurts out the address of the refuge before Beryl can stop him. She realises she will be in trouble from her supervisor, so she doesn't say anything to her.
Later that night Jason's father arrives at the refuge and attempts to break in. When Jason's father is questioned by the police, he tells them that Beryl let Frederick call him and tell him the address. Beryl faces a severe reprimand from her supervisor.

Question 10 Describe one way that Beryl breached organisational reporting procedures after the incident occurred.

Question 11 When Frederick approached Beryl to ask to use the phone, what was the potential breach that Beryl should have identified?

Question 12 1. What actual breaches occurred after Beryl allowed Fredrick phone his father?
2. How could this breach affect the work, health and safety of others?

Case study (questions 13-18)
Alice works in a women's refuge. She has strong religious beliefs and is a supporter of the right to life movement. Imogen has been living at the refuge and is 10 weeks pregnant. She has decided that she wants a termination.

Alice has been asked by her manager to accompany Imogen to an appointment at a women's health centre to discuss her options. The refuge has a policy that supports self-determination and empowerment, and uses person-centred approaches to service provision.

Alice's job role description requires her to provide emotional and practical support and to encourage people to make decisions and take control of their own lives. Alice plans to take Imogen to a pregnancy counselling service which is run by an anti-abortion organisation before taking her to the women's health centre.

Imogen has told Jasmine, one of the other refuge support workers, that Alice is going to take her to the anti-abortion pregnancy counselling service. She says that she is worried they will persuade her to change her mind about having a termination. She also says Alice has been leaving anti-abortion literature in her room and has also asked her to attend a religious service with her. Alice has also suggested referring Imogen for counselling. As there is a long waiting list for subsidised counselling services, Alice has offered to refer Imogen to her cousin, who is in private practice as a psychologist.

Question 13 As a support worker, list two (2) sources of information Alice should refer to ensure she upholds her ethical responsibilities to Imogen in her work role.

Question 14 Describe two (2) professional ethical responsibilities Alice must uphold within the scope of her role.

Question 15 Identify two (2) sources of information about legal and ethical policy frameworks Alice could refer to.

Question 16 Give an example of a way Alice can ensure non-judgmental service provision despite her conflicting personal values and attitudes.

Question 17 1. Provide one action that indicates that Alice is behaving unethically and
2. One way that Jasmine could respond to Alice's unethical conduct.
Question 18 1. Describe the conflict of interest in this situation and
2. provide one way that Alice should manage it.

Read the case study, then answer the questions that follow.
Case study (questions 19-21)
John works in a residential group home for adults with physical disability. The routine includes a weekly group outing for the residents. All residents must attend, as staffing levels do not provide for staff to remain at the group home to supervise residents who do not participate in the group outing.
Not all residents get their first choice of outing and John tries to make this a bit fairer by allowing residents to take it in turns to choose the outing each week, but residents are not happy with this.
John has discovered that the low levels of staffing in the group home have come about because the manager agreed to share his allocation of staff with another group home which is supervised by his fiancée.
John is aware that this is an ethical issue which impacts on service and practice standards.

Question 19 What are two (2) indicators John can use to identify work practices that need to be improved?
Question 20 Describe the process that John should use to assist in developing a new policy regarding the activities.
Question 21 List two (2) processes John could use to engage the residents in the review of the current activity process.

Part C - Simulated Activity

Purpose To complete the Performance Evidence requirements for CHCLEG001, the candidate must show evidence of the ability to complete tasks outlined in elements and performance criteria of this unit, manage tasks and manage contingencies in the context of the job role. There must be evidence that the candidate has:
• completed workplace activities in accordance with legal and ethical requirements in at least three 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
Your assessor will assist you in working through this simulated activity to be conducted on or off campus.

Once all the simulated activities are satisfactorily completed, the student does not have to be assessed on the performance evidence requirements of this unit during work placement.

Conditions of the Simulated Activity
• Three scenarios have been provided. For Scenarios 1 and 2 the following tasks are required to be completed for each scenario:
1. Task 1 - Legal and ethical requirements and responses
2. Task 2 - Work practice improvements
For Scenario 3, only Task 1 is required to be completed.
• Completion and submission of templates that have been provided
• Any additional materials used such as excerpts from legislation, policies, procedures may be submitted as further evidence.

Scenario 1: Game of cards

The aged care facility where you work as a personal support worker organises and encourages group activities for the residents to keep them socially, emotionally, mentally and physically active. Today was Card Games day.
Betty is an 82-year old resident who suffers from Alzheimer's disease and is often disoriented.
The staff consider it important for Betty to participate in these activities, but she always says, "I'm tired. I have worked my entire life and now I deserve a rest". The staff knows that if Betty is allowed to sleep through the day, she will be agitated at night and won't rest properly, as has happened several times already.Your supervisor knows that Betty might again resist to attend the activity today, so she asked you and Liz, another staff member to go and get Betty and bring her to the hall where the Card Games are being played.
Together, you and Liz went to get Betty from her room, but she did not want to play cards today. She says she just wants to rest and watch TV in the lounge area. She sometimes talks to her new friend Valerie, another resident who was diagnosed with Alzheimer's two years ago.
Gently, you tried to convince Betty that the card games will be more entertaining for her and she can mingle with more of the residents, but she refused to come and was visibly getting agitated. You were about to tell her that it's ok if she watches TV for now, when Lizzie just grabbed the wheelchair handles and started to wheel Betty out of the door, saying, "You're just going to fall asleep if you watch TV and that means you'll keep us all awake tonight!"

Task 1: Scenario1- Game of cards
Legal and ethical requirements and responses
Activity undertaken:
Policies and procedures: What service policies and procedures will apply to this Scenario?

Legislation: identify the legislative instruments that apply to this activity and scenario? (Acts, Standards or Guidelines)

Legal consideration: In the above scenario, identify at least one legal responsibility in the scope of the job role that has been breached?

Ethical consideration: What is the ethical issue or conflict of interest that you need to resolve?

Legal and ethical response: Provide an appropriate response to the legal and ethical issues that you have identified in the above scenario.

a. Response to identified legal issue

b. Response to identified ethical issue

Task 2: Scenario1- Game of cards
Work practice improvements
Considering Scenario 1 and your responses to Task 1, identify at least one recommendation to improve work practice that supports legal and ethical requirements.
Use the Quality Improvement Form below to document and communicate your recommendation.

Scenario 2: Birthday Cake
Peter Jenkins, a resident in the aged care facility, suffers from diabetes. His blood sugar count has been quite unstable in the last few days. The dietician has recommended a healthy eating plan which is low in sugar, calories and fat.

Today is Peter's 86th birthday and you have been assigned to help Tracey, a senior carer to set up the lunchroom. The Facility Manager has instructed the kitchen staff to make a special fresh fruit cake which is low in sugar and fat that can be served as Peter's birthday cake. She reminded everyone to follow the resident's dietary requirements and make sure no one overindulges.

Peter is quite excited as some members of his family are coming to celebrate with him. When his family arrived, his daughter Sylvia was carrying a huge chocolate cake with fresh cream and marshmallows which she presented to Peter remarking, "Happy Birthday Dad! I baked your favourite cake just for you!" Peter was so happy that she remembered.

Tracey, the senior carer, hurriedly took the cake from Sylvia and says, "I'm sorry but Peter is not allowed to have food that is high in sugar and calories and this one will surely send his blood sugar racing!" to which Peter indignantly replied, " But it is my birthday, surely I can have my cake and eat it too."

Task 1: Scenario 2Birthday cake
Legal and ethical requirements and responses
Activity undertaken:
Policies and procedures: What service policies and procedures will apply to this Scenario?

Legislation: identify the legislative instruments that apply to this activity and scenario? (Acts, Standards or Guidelines)

Legal consideration: In the above scenario, identify at least one legal responsibility in the scope of the job role that has been breached?

Ethical consideration: What is the ethical issue or conflict of interest that you need to resolve?

Legal and ethical response: Provide an appropriate response to the legal and ethical issues that you have identified in the above scenario.

a. Response to identified legal issue

b. Response to identified ethical issue

Task 2: Scenario 2 Birthday cake
Work practice improvements

Considering Scenario 2 and your responses to Task 1, identify at least one recommendation to improve work practice that supports legal and ethical requirements.
Use the Quality Improvement Form below to document and communicate your recommendation.

Scenario 3: Friendly neighbour

You have just finished helping Mr Casey in his home, who is recovering from a fall and has injured his arm. As his support worker, you are worried that he might have another accident and offered to get in touch with his family, but Mr. Casey was adamant that he can still handle himself and does not need anyone to assist at this time.

On your way out, you were approached by Mr. Casey's neighbour who asked how he is doing and if there is anything she can do to help. She seemed to be a friendly middle-aged woman who is genuinely concerned. She suggested that maybe you can persuade Mr Casey to give her a key to his house and says, "just in case he falls again, and I need to get in quick to help".

This sounded like a very good idea to you, but you weren't sure how Mr. Casey will react if you told his neighbour about his circumstances and his need for assistance.

Task 1: Scenario 3 -Friendly neighbour
Legal and ethical requirements and responses
Activity undertaken:Providing home care assistance
Policies and procedures: What service policies and procedures will apply to this Activity?

Legislation: identify the legislative instruments that apply to this activity and scenario? (Acts, Standards or Guidelines)

Legal consideration: In the above scenario, identify at least one legal responsibility in the scope of the job role that has the potential of being breached.

Ethical consideration: What is the ethical issue or conflict of interest that you need to resolve?

Legal and ethical response: Provide an appropriate response to the legal and ethical issues that you have identified in the above scenario.

a. Response to identified legal issue

b. Response to identified ethical issue