CHCLEG001- Work Legally And Ethically Sessions 1-2 This unit…… 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. A competent person will…. Identify and respond to legal requirements Identify and meet ethical responsibilities Contribute to workplace improvements You will have ….. completed workplace activities in accordance with legal and ethical requirements in at least 3 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 Legal Systems In Australia Two major sources of law are: Common law Case law Based on precedence – previous decisions made by judges Parliamentary law Based on acts passed by government. Theses acts state the main parts of the law, while regulations state how the law must be followed. Laws passed by parliament known as Statutory or enacted law or legislation, try to clarify a set areas of common law. for example, work health and safety acts Legislation …. Is a form of government policy that Provides a framework – a set of rules Establishes the rights and responsibilities of individuals You must have an understanding of this framework Customary law recognises the customs & rights to land of indigenous Australians Some of the Legislations acts that relate to aged care and disability sectors are: Disability Act (2006) Aged Care Act (1997) Privacy Act (1998) Occupational Health and Safety Act (2004) Sex Discrimination Act (1984) Racial Discrimination Act (1975) Aged Care Quality and Safety Commission Act (2018) Freedom of information Act (1989) Fair Work Act (2009) Freedom Of Information All people being supported legally have the right to access and read all of their personal files, they also have the right to apply for any changes to be made if they are not accurate. Mental Health Laws These acts set out the rights of people with mental illness. Each state and territory has its own mental health act. They emphasise: Community-based care Consumer rights Consent for treatment Guidelines A mental health tribunal to support review Legal definitions It is illegal to treat people differently or unfairly: Direct discrimination AntiDiscrimination Indirect discrimination Australian Human Rights Commission Refer to : https://www.humanrights.gov.au/ Work Health & Safety A safe place for workers, visitors & contractors Duty of care – to take care for the health and safety of all others and to abide by WHS policies at all times. Roles & responsibilities of employers and employees Child Protection Must follow child protection laws and any specific mandatory reporting requirements Child Safe Standards Child abuse Child welfare and education Fair Work A legislation that protects employees against unfair or unlawful termination of employment Sets out rights and responsibilities of the employee and the employer Terms & conditions of workers Follow policy and procedure requirements Are a civil wrong, tort laws protect a persons personal property, security, financial reputation and resources. Some torts relevant to individual support Industry are: Legal Torts • Negligence • Consent • Guardianship • False imprisonment • Abuse • Assault & battery • Defamation,libel & slander • Confidentiality & privacy Negligence Reasonable person – how a competent person would act Negligence is a failure to complete tasks that should have been completed. Minimise hurt Duty of care – 4 Ds : Duty of care Dereliction of duty Damage & Direct effect Mira is a new carer. The nurse asks her to shower Joe who requires supervision at all times Mira takes Joe to the shower and helps him into the shower and commences washing She realises that she has left items in the room and leaves Joe in the shower while she gets these. Discussion On her return… Mira finds Joe on the shower floor Joe has a cut arm He is complaining of pain in his arm The doctor has been called. He reports that Joe has sustained a fracture of his arm and bruising to his body and face. Has Mira been negligent in her care? Standard Of Care This is based on what a person is reasonably expected to provide People have a right to make their own decisions & act independently Balance safety and individual choice Risk Rights Duty Of Care Checklist… Likelihood of harm Seriousness of risk Likelihood of benefit achieved Values of benefit Dignity Of Risk The right to make own decisions Even when those actions might involve some risk to themselves. Foreseeable injury Managing Risks Seriousness of injury Reaction to the situation Policies & procedures must… Support duty of care Provide training to staff and volunteers Provide opportunities for mentoring, debrief and support Provide guidance on record keeping Respect dignity of risk Support peoples rights Policies and procedures relate to all areas of the organisation. Verbal – the person tells you what they want Written – the person signs a form Consent Implied – the person uses body language Sometimes consent is hard to determine Valid Consent Voluntary Informed Specific Legal Protects the rights of people Appointed by a board or tribunal Guardianship Legal body that oversees the rights of the individual to be treated with dignity & respect Oversea the day to day decisions about life & financial matters Authority to make lifestyle & personal decisions Principles Of Guardianship Protect the welfare & interests of the person Family relationships preserved Support the living of a normal life Individual preferences respected Protection from abuse The person has the right to input to management of financials Power Of Attorney A legal Document that Appoints someone to act on them on behalf of matters of property & money Enduring power of attorney in acts when a person does not have capacity to manage their affairs False Imprisonment When someone purposefully uses any kind of restraint in order to restrict the freedom of an individual Restraint The forcible restriction of movement of a person against their wishes This is only a temporary solution Restraints can only be used after comprehensive assessment and extensive consultation with: the resident or legal representative the GP/ Medical officer the clients family/carer/or other close associates Relevant health professionals Physical High Risk Extreme Chemical Types Of Restraint Aversive treatment practices/punishment Person to person Environmental Environmental Physical Alternatives To Restraint Alterations to care Activities & care Psycho-social programs Mistreatment or neglect Physical Abuse Emotional/psychological Financial Sexual Accidents & incidents that are unexplained Changes to physical appearance Fearful or anxious behaviour Signs Of Abuse Withdrawal, depression or other behaviours that indicate depression or agitation Unexplained changes to financial situation Poor personal hygiene & minimal personal items Inadequate nutrition Inadequate medical & dental care Potential & Actual Breaches You have a responsibility to inform a supervisor of any breaches of law or policies & procedures You must document and report observations to your supervisor Protects the rights & interests of clients An opportunity for feedback Must be fair and non- discriminatory Complaints External complaints must also be available For more information understanding and handling complaints refer to: www.agedcarecomplaints.gov.au The act of speaking up for oneself or another person, or group of people Steps include: Advocacy • Listen to the person • Identify the facts and key issues • Determine what the person wants • Clarify what outcome the person wants • Discuss possible options • Provide information & support to seek resolution • Refer person to support services How to advocate… Present the individual or group needs Ensure you have a clear understanding of their issues & needs Have a plan of action to achieve their goal Be clear about the agreed plan Advocacy is crucial to protecting the rights of people. Quality Framework In Community Services Framework containing policies, procedures and standards Codes of conduct can include: honesty, professional behaviour, punctuality, confidentiality Reporting systems to measure compliance Record keeping to provide evidence of compliance Monitoring & review, continuous improvement User rights and responsibilities Management systems Safety considerations Training and education Health and personal care requirements Strategies to manage complaints Feedback Accreditation….. A way of measuring how health and community facilities are performing against a set of regulatory standards Regular audits against this are conducted Research and read industry standards for aged care home and community services and disability Aged care quality and safety commission https://www.agedcarequality.gov.au/ Your role… Monitor Monitor own work Provide Provide feedback Monitor Monitor service outcomes Evaluate Evaluate own effectiveness Report Undertake Report issue to supervisor Undertake ongoing training Keep Keep pace with changes and update skills Make Make suggestions for improvement Maintain Maintain awareness of the quality system Advocate Advocate for clients. Legislation that covers: What are you accountable for? • Accreditation & accountability • Rights and responsibilities • Certification & quality care standards • Operational policies and procedures • Compliance with equal opportunity legislation • Complaints & appeals • WHS • Privacy, confidentiality and freedom of information Ethics guide decisions and actions Ethical practice is critical Code of ethics/practice set out the obligations & responsibilities of workers Ethical Conduct Code of conduct Practice standards Personal values & attitudes Conflict of interest Job responsibilities Role boundaries Roles & Responsibilities Rights of workers Professional development Employment conditions Boundaries A support work must only undertake activities for which they are responsible for You have a duty of care to work within role boundaries and provide care consistent within role and level of responsibility Professional development supports ongoing improvement of skills Right to be treated fairly, with respect within a safe environment Worker rights are supported by legal and ethical principles Worker Rights Trade unions provide a collective voice to represent workers and protect rights and conditions Volunteers are not employed and not covered by employment conditions Work in a workplace free from bullying and harassment Be Treat Be punctual Treat others with respect Attend Attend training Comply Comply with policies and procedures Worker Responsibilities Report Report workplace hazards Be Be competent in their role Work Work within their level of training Work Work within their job description Comply Comply with duty of care Work in Work in a safe manner Clients Rights & Responsibilities Some of the clients rights include: The right to a safe environment The right to refuse care and treatment A right to be cared for by a competent person A right to be given nutritious meals A right to make decisions in their care Some of the clients responsibilities include: To treat workers with respect To treat other residents with respect To respect the rights of staff to work in an environment free from harassment To care for their own health as far as they are capable For more information refer to www.myagedcare.gov.au for information on accreditation, rights & responsibility’s, elder abuse, standards, and financial and legal issues.
