CHCLEG003 Manage legal and ethical Compliance Diploma of Community Services Work

Transcription

1 CHCLEG003 Manage legal and ethical Compliance Diploma of Community Services Work

2 Unit descriptor This unit describes the knowledge and skills required to manage legal and ethical compliance in the community services. Specifically to research information about compliance and ethical practice responsibilities and to develop and monitor policies and procedures to meet those responsibilities.

3 In this unit you will learn to: Research information required for legal practice Determine ethical responsibilities Develop and communicate policies and procedures Monitor compliance Maintain knowledge of compliance requirements

4 Unit Content Topic 1: Knowledge of legal and ethical systems and codes of practice Topic 2: Management of legal and ethical work practices, policies and procedures Topic 3: Compliance

5 Key concepts in the Australian legal system Australian Government is based on a Federal system: Powers of government are shared between The Commonwealth and the states and territories

6 Two types of laws Statute Law passed by the Parliament Legislation Common Law based on judgement of the courts as a result of decisions made on civil and criminal actions Act

7 Law making occurs at different levels: Legislature, Houses of Parliament passes the laws Executive, or government which implements and administer the laws Judiciary which enforces judgment about the laws

8 Relevant legislation in the sector Community services and disability services legislation In this section you'll find an overview of a selection of Acts that are considered most relevant to the community services and disability services sector. Child Protection Act 1999 (Qld) Commission for Children and Young People and Child Guardian Act 2000 (Qld) Disability Discrimination Act 1992 (Cwlth) Disability Services Act 1986 (Cwlth) Disability Services Act 2006 (Qld) Freedom of Information Act 1992 (Qld) Guardianship and Administration Act 2000 (Qld) Juvenile Justice Act 1992 (Qld) Mental Health Act 2000 (Qld) Police Powers and Responsibilities Act 2000 (Qld) The Children s Court Act 1992 (Qld)

9 LEGISLATION IN ALL STATES AND TERRITORIES Mental Health Industrial Relations Child Protection Occupational Health and Safety Crimes Acts Freedom of Information Disability Racial Vilification Aboriginal and Torres Strait Islander legislation

10 Privacy legislation Health records legislation Freedom of information Legislation on building standard and health and safety

11 Legislation and professional practice Acts (legislation) will provide a precise outline of what behaviour is required by all employees in certain community services. For example, any services working with children have legislative responsibilities in relation to protection of children from sexual assault; and within the disability service there are similar legal requirements.

12 There is also a common law responsibility of a duty of care towards clients. This duty exists and is owed at all times by all workers and professionals catering for the needs of others.

13 As workers/managers in the community services industry, you will need to be familiar with the requirements of the particular field in which you are involved. You will need to be aware of the governmental requirements for your behaviour within your chosen field (the legislation), your own professional code of conduct any professional code of conduct applicable to the field of work you are in and your employing agency s code of ethics.

14 Policy and Procedure Policies and procedures are developed in response to the organisation's legal obligations. You can meet many of your legal obligations by following the policies and procedures of your organisation. A key part of following procedures involves working within the scope of your role and responsibilities.

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16 Policy and Procedure

17 What does the term duty of care mean?

18 Definition: The responsibility or the legal obligation of a person or organization to avoid acts or omissions (which can be reasonably foreseen) to be likely to cause harm to others. As a disability worker you a have a duty, obligation to take care of the safety and wellbeing of your clients in your care

19 Duty of care: Operating within a legal framework Understanding of legislation and common laws requirements relevant to your role

20 A breach of duty of care: Can result in an allegation of professional negligence. Which can be assessed in court. As a deterrent to avoid loss and injury to people who are in need of care To compensate people for injuries suffered

21 Breach of duty of care: Is based on a standard of care that you must adhere to as a disability worker You are expected to use your skills and judgement to determine if you are meeting reasonable standards of care

22 Key principles The client are the main focus of your work Improving their quality of their lives Preventing and avoiding harm Maximise client s independence Consider client rights of self determination in making informed choices Establish a relationship that is based on respect and understanding Take sufficient care to prevent harm effects

23 Dignity of risk: As a worker you need to be mindful of the rights to self determination and to make informed decisions based on developing their interests learning new knowledge and skills and pursing recreational pursuits.

24 Dignity of risk Clients should be encouraged to make informed decision, informed life choices involving action or inaction. Ensuring that clients maximise their independence by not being treated any less favourably than a person without a disability

25 Community and disability services workers are constantly working in a legal and political environment, but sometimes the problems you face in your work are ethically based rather than legally based. It is important for you to be able to understand the difference between ethical and legal problems/issues

26 Working with in an ethical framework An ethical framework refers to the system of principles, rules or standards by which human actions are judged right or wrong. All human service workers come to their role with their own values and beliefs that they need to be aware of and deal with on a daily basis. This section encourages you to examine your own personal values, your work practices and how these align with the ethical work standards required of the community and disability services worker. In particular, it examines some of the typical ethical dilemmas that a community and disability services worker may be confronted with. You will be shown some useful strategies for resolving issues that help ensure good outcomes for clients and employees alike.

27 Working ethically This is based on clarification of what is good and bad practice By doing good for clients we, we are refering to wether our practices are assisting to improve the quality of our clients lives and helping in their self determination Avoiding bad practice which may lead to harm and injury.

28 What are ethics? Ethics are the standards, beliefs or motivation for behaviours that are valued by you as an individual or valued by a group to which you may belong. Ethics are similar to morals and are 'internal'. However, the law is concerned with prescribing conduct and is 'external' to individuals.

29 These values, beliefs and attitudes each of us has about: how things should be in the world how people should act in certain circumstances how the important aspects of life are handled (e.g. money, family, relationships, power)

30 These beliefs and attitudes are extremely important and personal. Values are formed and absorbed by us all as we develop from childhood and through adulthood.

31 What influences your personal values?

32 Quotation 'The (human service) worker cannot only see him or herself simply as an agent of government policy, but must be sensitive to ethical and human rights issues, and have a clear understanding of their role in an arena where government policy is often hostile to 'social work' values and to Australia's international human rights obligations.' Swain, PA (ed.), In the Shadow of the Law, chapter 21, page 244.