CHCCS400A: Work within a relevant legal
and ethical framework
Work ethically
Contents
Protect the rights of the client when delivering services
Early Childhood Australia’s Code of Ethics
3
Delivering services
6
Use effective problem solving techniques when exposed to
competing value systems
Problem solving techniques
7
7
Ensure services are available to all clients regardless of
personal values, beliefs, attitudes and culture
8
Recognise potential ethical issues and ethical dilemmas in the
workplace and discuss with an appropriate person
9
Recognising ethical dilemmas
Discussing issues
Recognise unethical conduct and report to an appropriate
person
Reporting unethical conduct
Work within boundaries of work role
9
10
11
11
13
Position specifications and role responsibilities
13
Identifying and respecting different roles and responsibilities
19
Demonstrate effective application of guidelines and legal
requirements relating to disclosure and confidentiality
Legislation governing confidentiality
2
3
22
22
Demonstrate awareness of own personal values and attitudes
and take into account to ensure non-judgemental practice
24
Recognise, avoid and/or address any conflict of interest
28
Appendix 1
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Protect the rights of the client when
delivering services
In this topic we examine how to work within the AECA Code of Ethics to protect
the rights of the children. We also look at legislation which underpins the Code.
Early Childhood Australia’s Code of
Ethics
The Early Childhood Australia’s Code of Ethics was first developed in 1990 by a
national working party, with considerable input from the early childhood field.
The 2003–06 Code of Ethics Agenda resulted in a new Code of Ethics, which was
endorsed at Early Childhood Australia's National Council meeting in September
2006.
A copy of the Code of ethics is in Appendix 1
It is also available online at
http://www.earlychildhoodaustralia.org.au/code_of_ethics/early_childhood_aust
ralias_code_of_ethics.html
The Code provides specific guidelines for individual staff behaviour in childcare
services.
Childcare workers are in a relationship of special trust with children and their
families. This important relationship can be easily damaged. Childcare workers
often face situations that involve a conflict between the needs or behaviours of
others and their professional and personal values, called ‘ethical dilemmas’.
The Code of Ethics provides workers with a framework for guiding their behaviour
within the childcare profession, to do what is best for children. It sets out the
obligations and responsibilities of those working with children and their families.
It also states the responsibilities childcare workers have to their colleagues, the
community and the childcare profession.
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Why work within the Code?
An acceptance of the Code of Ethics by workers ensures the safety and rights of
children are being actively considered within the workplace.
A code of ethics is only useful if it is part of everyday work practice. The Code is
voluntary, but many children’s services throughout Australia accept and follow it.
Children’s rights
The Convention on the Rights of the Child 1989 is an important document that
directs the Code of Ethics. The Convention ensures that Nations who sign it are
making a commitment to the protection of children by outlining the rights of
children and the responsibilities which governments and parents have to provide
these rights.
In the Convention, children are seen as human beings with their own rights. It
offers a vision of the child as an individual and as a member of a family and
community, with rights and responsibilities appropriate to his or her age and
stage of development. The Convention firmly set the focus on the whole child.
In the Convention outdated notions that parents ‘own’ their children and have
absolute rights over them are replaced by the concept that parents are
responsible for protecting their children’s rights. While parents do have rights
with respect to their children, these rights are linked directly to the need for
parents to promote and protect their children’s rights.
The Convention:
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highlights and defends the family’s role in children’s lives
endorses the principle of non-discrimination and
establishes clear obligations by governments to develop legislation and
conform to it.
There are 52 articles in the Convention, covering three main areas of children’s
rights, specifically the right to:
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possess or have access to things such as a name, a nationality, education,
health care, life, adequate shelter, respect
be protected from sexual exploitation, physical abuse and neglect, and
separation from family
participate—to be heard, to follow their religion of choice, to associate
with others, but mainly to be heard in decisions affecting their lives.
Article 3 of the Convention tells us ‘The best interests of the child are to be a
primary consideration in all measures concerning children’. This point reflects
what we have been discussing under ‘duty of care’ responsibilities.
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The UN Convention and the Code of Ethics
Note that in the Code of Ethics, a commitment to certain basic principles sound
very similar to the principles in the UN Convention.
The Code states that adherence to the following are important basic principles, to:
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view the well-being of the individual child as having fundamental
importance
acknowledge the uniqueness of each person and
consider the needs of the child in the context of the family and culture, as
the family has a major influence on the young child.
The Code takes its direction from the Convention, as do many other current
documents and pieces of legislation. You found similar principles in the Children
and Young Peoples (Care and Protection) Act 1998. However, the Convention
focuses the attention of the Nation which has signed it, on children’s rights. The
Convention covers every member of the United Nations except the USA.
Key principles
The four key principles in the Convention are:
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the right to survival and development
the best interests of the child as a primary consideration
the right of all children to express their views freely on all matters
affecting them and
the right of all children to enjoy all the Convention’s rights without
discrimination of any kind.
While the rights of the child and their protection are the most important principle
within child care, other people also have rights and obligations—workers,
families, the community, society, and, of course, you. We will explore these rights
and obligations further as we move through this topic.
Activity 1a: Early Childhood of Australia’s Code of ethics
Activity 1b
Activity 1c
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Delivering services
Working ethically means that services are delivered to all children and their
families regardless of personal values, beliefs and attitudes. Often we are not
aware of our beliefs and attitudes, but just assume they are ok or shared by
everyone. This is rarely the case. Our beliefs and attitudes are shaped by many
different things—where we were born, our family values and attitudes, our
cultural values and attitudes, and our own life experiences, and more.
Ask yourself the questions below:
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If I came from a culture where child started formal education at three or
four years of age, how would I view play-based learning?
If no-one in my family could read or write, why should I value it?
If I have never mixed with people from different social backgrounds, what
attitudes would it be easy to carry?
If I believe that everyone who does not follow my religion will go to hell,
how might a child from a different faith feel when confronted by my
beliefs?
If I feel children with disabilities should have separate services, how would
I respond to a child with a disability in the service?
Delivering services to all children and their families regardless of personal values,
beliefs and attitudes means stepping into the shoes of others and being aware of
how our attitudes and beliefs might offend or hurt others, or fail to respect their
rights.
Look again at the Code of Ethics. Under ‘In relation to myself as a professional’
point 2 guides you to ‘Engage in critical self-reflection and seek input from
colleagues’. That means to think about what you think and why you think it, and
to discuss your thoughts with your fellow-workers. Without this self-reflection,
you will not truly be delivering a fair service to the children you work with.
Activity 2
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Use effective problem solving
techniques when exposed to
competing value systems
Problem solving techniques
When childcare workers are faced with different value systems, to make a
decision that is in the best interests of the child they need to be guided by
legislation and by ethical guidelines, as well as their service policies and practices.
There are times when you will find yourself trying to balance the needs of
different people involved in a decision such as the child, the parents, the
children’s service and yourself. When you are doing this you depend on your
ethical beliefs to partly guide you, as well as considering the consequences or
possible outcomes of your decision.
These decisions are known as ethical dilemmas or moral decisions as to what is
the best response when faced with at least two competing values.
Decisions are also guided by legislation, laws, or policy guidelines. They should
always involve talking with your service director/supervisor and fellow workers to
ensure that your actions are the most appropriate, and that they are in line with
the actions of others in your service.
All guided by law and ethics
Activity 3
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Ensure services are available to all
clients regardless of personal values,
beliefs, attitudes and culture
Think about the scenario in a previous activity where a childcare worker appears
to avoid interacting with children and families from a particular racial background.
It may be that the worker is unaware of his or her personal bias, perhaps they are
uncomfortable in relating to people from a different racial group to their own, or
perhaps they have negative attitudes towards people from this racial background.
Whatever the reason, the childcare worker needs to examine their own personal
beliefs and attitudes in order to understand their actions and hopefully to change
them.
Anyone working in children’s services needs to ensure they provide a fair and
equitable service to all children and their families. Through self-reflection,
training and education, each worker should develop their skills in providing a truly
inclusive service for all. Later in this learning topic you will have the opportunity
to reflect on your values and how your background has shaped the way you are.
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Recognise potential ethical issues
and ethical dilemmas in the workplace
and discuss with an appropriate
person
Recognising ethical dilemmas
Ethical dilemmas are recognisable by the fact that there are at least two sets of
values involved, and you are being asked to decide which is most important. Being
faced with conflicting values usually gives us a sense of confusion and makes us
feel unsure. You need to ask yourself: What is the most important point here?
Ethical dilemmas involve at least two sets of competing values
cli
As a childcare worker your primary responsibility is to safeguard the child’s rights,
but sometimes the best way to do this is not always clear. Parents, carers, other
workers, may all see that by maintaining their rights you are also protecting the
child. The situation may not be clear.
For example, your co-worker is late for her shift. She has been warned that if she
is late again, she is fired. She argues that the children have had so many staff
changes lately, how would you feel making another one happen? On the other
hand, you think, what if something had happened to one of the children when we
were inadequately staffed?
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Another example could be that you notice slight bruising on a child known to
Department of Community Services. The mother breaks down and cries, saying
that one more incident and she has been told the child will be put in foster care.
You know the family is close, though operating under stress. But what if there is
then further and more dangerous bruising and you know you could have
prevented it?
Ethical dilemmas are recognisable by this ‘but what if?’ question and the feeling of
confusion or tension around how to respond.
Discussing issues
When you are faced with what might be an ethical dilemma, who do you ask for
help? So far, you have looked at legislation and ethical guidelines that can help
your decision-making. These guides should also be reflected in your service
policies and practices, but people are also a good resource to help in decisionmaking.
Your director, coordinator or supervisor are all people who may be useful to
consult if a dilemma arises in the workplace. These people should be able to
administer the service policies without favour to ensure that staff work together
as a team.
Where dilemmas involve outside agencies you may be referred on by your
director or coordinator. For example, you may have witnessed a situation you
believe to be child abuse or neglect, and you could be directed to discuss this with
the Department of Community Services, as the main witness. The Department has
officers available at its Helpline desks to discuss any concerns and help workers to
decide whether reporting would be the right thing to do at this point or not.
Where a concern involves a director, coordinator or supervisor’s behaviour, you
might need to speak to someone on a Management Committee, an owner, or
someone from an outside body—the licensing authority (the DoCS Children’s
Services Adviser) or the police. Appropriate people are usually one level up from
the person causing concern and perhaps two if you feel that the person is biased.
It is therefore useful to know who people within the service are, and the relevant
reporting system.
Activity 4
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Recognise unethical conduct and
report to an appropriate person
Unethical conduct is when you can see that another person is not adhering to the
professional ethics and is behaving in a way that puts the children at risk. For
example, point 5 of the AECA Code of Ethics in relation to staff says that you will
work to build an atmosphere of trust, respect and candour by:
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encouraging openness and tolerance between colleagues
accepting their right to hold different points of view
using constructive methods of conflict resolution
maintaining appropriate confidentiality.
Examples of unethical conduct could include:
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a fellow worker is overheard gossiping about a child and their family at
the local pub
a fellow worker is openly intolerant of other cultures and says negative
things about them
two staff scream at each other in front of the children.
The Code of Ethics helps us to identify unethical situations, and it is therefore
important to think about regularly. It should never be a dead piece of paper stuck
at the back of the filing cabinet.
Reporting unethical conduct
When you recognise an unethical act, your first option is to confront the worker
yourself and discuss the issue. If that is not successful you may need to report the
unethical conduct to someone in higher authority. You will certainly need to
report the conduct if the rights of others, as outlined in the Code of Ethics, are not
being respected.
When reporting unethical conduct, you need to be clear:
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who was involved
when the incident(s) occurred and who else was present
the grounds on which you believe the conduct to be unethical and
what other actions you have taken (eg spoken to the person).
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Information from the previous heading ‘Discussing issues’ should give you
directions on who to speak to over various concerns. Know who is in charge of
whom, and if you are concerned that one level up is still too close for objectivity,
you have the right to report to higher levels.
Activity 5
Activity 6
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Work within boundaries of work role
Position specifications and role
responsibilities
Your position within a children’s service as a childcare worker is complex and
varied. Each day you will be required to interact with a diverse range of people—
children, parents, staff, management, and other community organisations. As
already discussed, there are several legal responsibilities and obligations expected
of you. As well, there are policies, procedures and protocols to be followed.
We will be discussing how these responsibilities are communicated to childcare
workers—through position specifications. We will also explore the various roles
you may fulfil when contributing to the delivery of a quality children’s service
while also meeting the legal responsibilities and obligations we have examined.
Identifying job responsibilities
As discussed under ‘duty of care’, a ‘reasonable childcare worker’ does things
according to ‘their skills, training, duties and job description’. Your responsibilities
or duties within a service will vary according to the type of service that is being
provided and the number, skills and experience of the people that you work with.
Hence your job responsibilities in contributing to the service will vary depending
on the range of different duties that are required to be performed within the day
by the service team members.
To enable you to identify your responsibilities and complete your duties as a
childcare worker, you will need to refer to a position specification for your job—
commonly known as a job description.
A job description describes what it is expected of you in completing your job
satisfactorily—what your role and responsibilities are. Below are examples of
varying expectations:
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If you were employed as a cook in a service, your role and responsibilities
would be very different from those of an untrained worker whose primary
role would involve directly supervising and interacting with children.
If you were employed as a room or team leader, you would have a higher
level of responsibility than an ordinary childcare worker.
If you are a trained childcare worker, you would again have a greater level
of responsibility then an untrained childcare worker.
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•
If you were employed as an out-of-school care hours worker, you may
have a different role in supervising children’s travel to and from the
service than a childcare worker in a service for under six years old.
It is important that workers have a copy of their job description. This can guide
them in determining their role and level of responsibility and assist them in
making decisions and taking actions on a day-to-day basis. Following is a sample
of a job description for an unqualified childcare worker for you to read through.
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You have probably noticed that the job description only broadly outlines the role
and duties of the worker. It does not spell out the specific duties such as making
paint and dough.
You should also have noticed that some of the statements relate to the
components of the duty of care, such as 2(e)—To treat each child and their family
with dignity and respect, taking into account any cultural, socio-economic or other
differences that may arise.
The main thing to remember is that a job description will help you determine your
level of responsibility in relation to ‘duty of care’. If you act outside the guidelines
set down by your job description and this leads to injury to a child, colleague,
parent or visitor, then you may be considered negligent.
Prioritising responsibilities
Having looked at the job description for an untrained childcare worker—and of
what is expected of you on a daily basis—you may be feeling that it must be
difficult to know how much emphasis should be placed on each aspect of the job.
For example, you might be asking yourself:
‘Should I spend most of my time supervising and interacting with
the children that I am responsible for? Or is it more important to
plan, implement and evaluate the programs and long and short
term objectives?’
Given that any job description includes a number of tasks, it can be difficult
sometimes to determine which of those tasks should have priority.
Reflect on an occasion when you’ve had a lot of tasks to complete at the same
time. Did you prioritise your tasks? How did you go about doing that?
Below are some questions you might need to ask yourself in order to try and
prioritise responsibilities and manage your job:
Is there any kind of logical or practical order?
Sometimes you can prioritise your task easily because they occur in a particular
order. For example, your tasks may depend on events that occur during various
times of the day. You have to do certain things when children arrive in the
mornings or when they have their meals.
Some of your other tasks may relate to the availability of resources or the arrival
of additional staff or volunteers.
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Are there any physical restrictions on completing any of the tasks?
If there are, eliminate the tasks unless and until those restrictions are lifted.
Have I been given any guidelines as to the relative importance of these tasks?
If you have guidelines, follow them. They may be verbal guidelines or your
observation of what and how staff do things within the service.
If you do not have guidelines, in what order of importance would
you rank them and why?
Seek assistance, or ask your supervisor, if necessary. Make sure you meet your
legal responsibilities and obligations.
Have I considered both the positive and negative outcomes of
ranking the tasks this way?
What will benefit the children, parents and staff? Discuss with other
staff members.
Can I put time limits on the tasks so that there is less chance of one
task being all-consuming?
This may link to arrival and departure times, routine times, staff development
opportunities.
In this ordering, have I considered the needs of the children and
parents first?
If you have not, do so.
Have I considered the philosophy and policies of the children’s
service?
If you have not, do so.
Has my ordering been biased by my own personal preferences?
It should not be — unless you have no other guidelines to consider at all.
Being consistent
When working within a team environment there is a need for you to be
consistently responsible for meeting the requirements of your position
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specification due to the legal responsibilities and obligations that are embedded
within your role as a childcare worker.
Being consistent in the performance of your duties can mean:
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avoiding favouritism or bias
sharing your attention and time equitably between all children, parents
and colleagues
keeping the principles of equal opportunity and inclusion in mind when
working with others and interacting with children
maintaining an even quality of mood
ensuring you have consistent expectations about appropriate behaviour
for children
consistently performing your duties to a satisfactory level.
By being a childcare worker who consistently performs their responsibilities, you
are helping build trust and respect between:
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workers and their colleagues
workers and the children
workers and family members.
You are also ensuring you are:
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meeting the legal responsibilities and obligations expected of you on a
daily basis such as your ‘duty of care’
helping to provide a quality service for children.
To support your developing knowledge of this information, it is recommended
that you read QIAS Principle 4.1 ‘ Staff communicate effectively with each other
and function well as a team’.
Maintaining confidentiality
Another important factor all childcare workers need to be responsible for
implementing within their position description is maintaining confidentiality. The
children, families and staff of a children’s service all have a right to privacy. Most
children’s services keep a great deal of sensitive information about children, their
families and the staff employed at the service. All childcare workers need to be
aware of the need to keep personal information private and confidential. This is
particularly important when considering children’s developmental records.
There are few exceptions to the general rule of confidentiality. These include:
•
Making records available to the police if they have a warrant to inspect
documents.
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•
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Making information available in the case of suspected or confirmed child
abuse.
Responding to a summons or subpoena.
Responding to a request under freedom of information legislation.
Making developmental records available for licensing and accreditation
procedures.
Although it seems like commonsense to say that confidentiality should be
maintained, it is very easy to make a mistake or to let sensitive information slip.
Reflect on any situations where you or someone you know had let confidential
information slip unintentionally—either at work or in a social setting.
Simply leaving developmental records lying around unattended in accessible
places can lead to a breech of confidentiality. Displaying surnames of children and
staff in a public manner could also be considered a breech of confidentiality.
Reflect on the scenarios below
Scenario 1
A man rings up the centre and asks if Jai Reddy is well today. You respond
that Jai does not attend on Tuesdays. You have just confirmed to Jai’s
estranged father that Jai attends your centre. Jai’s father’s investigative
work has paid off. He has rung every preschool and childcare centre in the
area asking the same question. He has been tracking his family down since
after his wife left him and the court denied him contact with his son.
Scenario 2
Maria complains to Lucy, her friend, about some of the more difficult
children she has to care for at work. She says, ‘There’s this girl Jane. I can’t
understand why she’s so difficult. I would not have thought that a child of
her background would be so troublesome. Her mother’s a solicitor and her
father’s a doctor—very intelligent. But you know, I heard that the mother
is—’. Lucy interrupts, ‘I think I know who you’re talking about. Jane’s
mother is my cousin. I didn’t know that Jane was a problem at child care’.
As these situations demonstrate, it is very easy to let personal or sensitive
information slip if you are not on your guard. You should avoid gossiping about
children and families as this can lead to an inadvertent breech of confidentiality.
Services should have policies relating to confidentiality that outline under what
circumstances personal information should be given out, what type of information
is confidential, who has access to personal information about children, families
and staff and who can authorise the giving out of information. The responsibilities
associated with this policy is an integral part of your role as a childcare worker. It
is also related to your legal responsibilities and obligations as would be stated in
the relevant Government regulations for your service, the AECA Code of Ethics
and QIAS and FDCQA.
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Maintaining knowledge and skills
The final responsibility we will consider is the need to maintain your knowledge
and skills. As you can see from our discussion so far, there are many regulations
and guidelines relating to children’s services. When you are first employed at a
service, the management does have some responsibility to provide you with
information about your role and the service policies and procedures. However,
you also have responsibility to keep yourself well-informed.
There are several expectations for employees in a children’s service. These
expectations include being committed, responsible and accountable for your own
actions and making informed decisions. You should read any information given to
you or provided at the workplace. Many services subscribe to various magazines
and journals or have staff resource libraries to help staff stay up-to-date with their
knowledge and skills.
Even as an untrained childcare worker or a person who is learning about child
care, you have some responsibility to use existing knowledge and skills you may
have and to identify areas where you need to develop knowledge and skills.
No one knows everything there is to know about child care and children’s
services. This would be an unrealistic goal. Government regulations and ideas
about best practice change over time. The best approach is to be flexible and be
aware that there is always something new to learn or a different way to do things
that may be better. Maintaining knowledge and skills in order to ensure we are
supporting the interests and rights of the child is an ongoing process for all those
involved in children’s services.
Identifying and respecting different
roles and responsibilities
Workers in the children’s services spend considerable time working in groups or
teams, either with children, parents, colleagues, community members or a
combination of these people.
A team consists of two or more people, although it is more commonly thought of
as three or more. A work team is a group of people who work together with a
common goal or purpose. They may work together temporarily or permanently,
on single or multiple issues. The membership of a team can be stable or changing
and often various people with different roles are included in a team.
In order for teams to work effectively, individual members (including you!) and
the team as a whole, have a number of responsibilities which they need to
maintain. Job specifications outline the expectations for individual team
members. In addition to our individual job responsibilities, we also have team
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responsibilities. Within children’s services there is a need for all members of the
team to work collaboratively, identifying and respecting the different roles and
responsibilities that each individual team member contributes to the service
provision. In doing this, we make a positive work atmosphere and model to
children desired behaviours and skills that are important in developing positive
relationships throughout our lives.
The childcare worker’s responsibilities
As a childcare worker, you have these responsibilities:
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Be clear and direct in your communication. Actively listen and respond to
communication.
Clarify your role within the team. Be aware of your own personal style.
For example, are you an ideas person? A leader? Do you focus more on
the task at hand or the relationships in the team? And what are your
strengths and weaknesses?
Be honest, open to new ideas and suggestions and respectful of all
individuals. Recognise what strengths/contributions they bring to the
service.
Be willing to support other members of the team. Be flexible in the
completion of the daily tasks and job specifications for all members.
Participate in decision-making.
Deal with any lingering misunderstandings or conflict you may have with
other team members. Don’t let resentments build up. Consider how
others will react to your actions. Be sensitive to the feelings and beliefs of
others.
Notify your supervisor if you are having problems or have concerns within
the team.
The team’s responsibilities
The team has these responsibilities:
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Clarify the team’s purpose or goals and prioritise these.
Clarify each member’s roles and responsibilities.
Recognise the strengths and contributions that each member brings to
the team situation.
Encourage a sharing of roles and knowledge.
Set aside regular meeting and discussion times.
Address any conflict that may arise.
Work at ways of developing decision-making and member participation.
Identify and resolve issues that may be impinging on teamwork (eg, lack
of time or lack of skills).
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Within a children’s service there will be roles that require different responsibilities
due to the training, experience, and knowledge these will vary depending on the
size and type of service. In larger services, there will be a Director, authorised
supervisor or team leader. It would be their role to facilitate the team morale,
skills and strengths and they would ultimately take responsibility for trying to
ensure these responsibilities are fulfilled.
When all members of a children’s service team are comfortable in their
knowledge of their roles and responsibilities, and can identify and respect the
roles and responsibilities of the other members of the team, then a positive work
environment develops that encourages consistent, flexible and supportive team
work. Working towards this also assists in meeting your legal responsibilities and
guidelines in regard to QIAS and FDCQA, anti-discrimination legislation and
regulations.
Reflect on a team of people you have worked with in the past. Your example does
not need to be related to the childcare field.
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Was working with this team a positive experience?
What did you most enjoy about working with the team?
What was difficult?
What would you do differently next time?
What do you see as the most important aspects of teamwork?
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Demonstrate effective application of
guidelines and legal requirements
relating to disclosure and
confidentiality
As childcare workers we are often privy to sensitive information about children
and their families. We need to be clear about when, and to whom, this
information can be disclosed and when it is required to be kept strictly
confidential.
Legislation governing confidentiality
All workers need to be aware that there are State and Federal laws that cover
confidentiality. The following Acts relate to privacy and confidentiality of clients:
Health Administration Act 1982
This Act covers any information that is provided or recorded within the health
system. Basically, information cannot be disclosed, without the consent of the
person to whom the information relates or for the purpose of legal proceedings,
such as a court order or subpoena that allows access to health information on a
client.
The Public Health Act 1999
This Act also relates to disclosure of information without consent. The most
important confidentiality provision of this Act is the part that deals specifically
with HIV/AIDS related information. Under this Act, this means two things:
•
•
the fact that a person has had or is going to have an antibody test
the fact that the person is HIV positive.
The Public Health Act allows for the disclosure of information relating to a
person’s HIV status where the failure to provide the information could place the
health of the public at risk. This disclosure provision is limited and allows
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notification to the Director-General of the Health Department. It does not
authorise disclosure to any other person.
Health Records and Information Privacy Act 2002
This Act is designed to protect the privacy of an individual’s health information,
enable individuals to gain access to their health information and provide an
accessible framework for resolution of complaints regarding the handling of
health information
Privacy and Personal Information Protection Act 1998
(NSW)
This Act consists of internationally accepted privacy principles dealing separately
with collection, storage, use and disclosure of personal information. One of the
key principles relates to accessibility of information, stipulating that agencies must
allow access to a client’s personal information without reasonable delay and
expense, when it is requested.
Personal information includes information kept on the records of the clients,
personal details shared with you by the client and/or others, or medical
information if the client has been referred to your service by a doctor.
There are numerous sources of possible private information including written
communication coming from other agencies.
Crimes Act 1900 (NSW)
There is an obligation for people who have information about serious criminal
offences to notify the police. A serious criminal offence is an offence that attracts
a penalty of five years imprisonment or more. Health workers should be aware
that this covers offences such as drug trafficking, serious assaults, sexual assaults,
murder and manslaughter. It does not include minor possession offences or any
offences under public health legislation.
NSW legislation is available at: http://www.legislation.nsw.gov.au/
Commonwealth legislation is available at: http://www.comlaw.gov.au/
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Demonstrate awareness of own
personal values and attitudes and
take into account to ensure nonjudgemental practice
As human beings, we all have our own values, beliefs and attitudes that we have
developed throughout the course of our lives. Our family, friends, community and
the experiences we have had all contribute to our sense of who we are and how
we view the world. If, as children’s services workers, we are to provide a service
that meets the needs of all children and families and helps them to feel
empowered, we need to be aware of our own personal values, beliefs and
attitudes and be prepared to adopt the professional values of our industry—
and not impose our own ideas on our clients.
What are values?
Values are principles, standards or qualities that an individual or group of people
hold in high regard. These values guide the way we live our lives and the decisions
we make. A value may be defined as something that we hold dear, those
things/qualities which we consider to be of worth.
A ‘value’ is commonly formed by a particular belief that is related to the worth of
an idea or type of behaviour. Some people may see great value in saving the
world’s rainforests. However a person who relies on the logging of a forest for
their job may not place the same value on the forest as a person who wants to
save it.
Values can influence many of the judgments we make as well as have an impact
on the service we provide to children and families. We need to consider the
values of the families to whom we are providing a service, not just our own.
Where do values come from?
Our values come from a variety of sources. Some of these include:
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family
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•
•
•
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•
•
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peers (social influences)
the workplace (work ethics, job roles)
educational institutions such as schools or TAFE
significant life events (death, divorce, losing jobs, major accident and
trauma, major health issues, significant financial losses and so on)
religion
music
media
technology
culture
major historical events (world wars, economic depressions, etc).
Now it’s time for you to reflect on your personal values and how your attitudes
have been shaped by your background. Try these two personal reflections:
You can choose as many options as you like from each list. Tick the concepts you
think apply to you.
1
I am the way I am because of my:
•
•
•
•
•
•
•
•
•
2









family
race
gender
culture
religion
income
partner
occupation
nationality
When I think about myself I think of myself as:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
 a woma
 a man
 a father
 a mother
 a daughter
 a son
 a lover
 a partner/wife/husband
 a friend
 a student
 a worker
 a white person
 a coloured person
 rich
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 having enough to live on
•  poor
•  someone else
•
3
I may be a different person if I:
•
•
•
•
•
•
•
•
•
•
•
 had a different family
 were a different race
 were a different gender
 were a different culture
 changed religion
 had more or less income
 had a different partner
 changed occupation
 were a different nationality
 lived in a different area
 had different friends.
Dominant values in Australian society
Value
Applies
to me
Being independent
Being glamorous
Being powerful
Being my own boss
Being a leader
Being a follower
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Rank
order
Value
Applies
to me
Rank
order
Being health
conscious
Being financially
secure
Being there for
family
Being there for
friends
Being confident
Being recognised as
an expert
Doing what is
expected of me
Helping others
Being a good
parent
Being a good
partner
Having a good
income
Being optimistic
Being liked by others
Working in a team
Working for social
justice
Promoting
understanding
Always learning
Accepting people
as they are
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Working for
women’s rights
Protecting the rights
of children
Protecting the rights
of disadvantaged
groups
Working to change
society
Developing inner
peace and harmony
Standing up for
what I believe in
Doing a good job
Fitting in to the
group
Other:
Did you learn something about yourself that you didn’t expect? What is important
here is your ability to be able to identify the values that are important to you, but
also to realise that other people may have differing values due to different
backgrounds and experience. We need to respect the values of the children and
families who attend the service, as well as the values of our colleagues, except
where those values may be discriminatory to other people or contravene
professional, ethical or legislative guidelines.
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Recognise, avoid and/or address any
conflict of interest
A conflict of interest arises if it is likely that the performance of a person’s
professional duties could be prejudicially influenced by that person’s private or
personal interest. The fact that a person has both a professional duty and a
private or personal interest in a particular matter does not necessarily mean that
there must always be a conflict between the two. For example, when a childcare
worker knows a particular family very well outside of the centre, there could be a
conflict of interest in terms of the mandatory reporting of significant risk of harm.
However, if the worker bears in mind his or her professional responsibilities and
acts according to relevant child protection legislation, then there does not need to
be any conflict of interest.
Childcare workers should interact with all families equally and not show bias
towards families that they are personally friends with. Discussions of matters not
relevant to the childcare setting should be left for after-hours. Similarly, childcare
workers should be wary of accepting personal gifts from families, except perhaps
the usual end-of-year gift or card.
If you think you may have a conflict of interest in a particular situation, it is usually
best to discuss this with your supervisor. They can advise you on your
professional responsibilities, or perhaps assign another staff member to take on
the job.
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Appendix 1
Early Childhood Australia’s Code of Ethics
(downloaded from
http://www.earlychildhoodaustralia.org.au/code_of_ethics/early_childhood_aust
ralias_code_of_ethics.html on 14 August 2009)
You are welcome to copy and distribute this Code of Ethics
among staff and friends.
Preamble
Definitions
The Code of Ethics
In relation to children
In relation to families
In relation to colleagues
In relation to communities
In relation to students
In relation to my employer
In relation to myself as a professional
In relation to the conduct of research
Other Resources
‘Wise moral decisions will always acknowledge our interdependency; our moral
choices are ours alone, but they bind us all to those who will be affected by them.
So deciding for yourself what’s right or wrong does not mean deciding in isolation’
(Mackay, 2004, p. 242).
This Code of Ethics provides a framework for reflection about the ethical
responsibilities of early childhood professionals. Following a national process of
consultation, principles emerged which are indicative of the values we share as
early childhood professionals in Australia. The Code is intended for use by all early
childhood professionals who work with or on behalf of children and families in
early childhood settings.
In developing this second edition of Early Childhood Australia’s Code of Ethics, the
national working party was mindful of changes in the knowledge base of early
childhood that have occurred over the last decade. New research has allowed
significant changes in understandings to emerge that reposition children as
citizens with entitlements and rights. Increasingly, children are seen as competent
and capable and able to participate in the negotiation of their learning and social
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experiences. Additionally, societal and environmental changes at the local,
national and global levels impact on children and families with consequent
implications for our work. In recognition of the impact of globalisation and global
sustainability, this revised Code identifies ethical responsibilities to work with
children and families in order to address global issues locally.
Just as the world has changed for children and families, so it has changed for
professionals who work with them. The notion of lifelong learning, reflective
practice, researching with children, new methods of documenting and assessing
children’s learning, and collaborating across traditional service and discipline
boundaries are examples of contemporary requirements for early childhood
professionals.
Inherent in this Code is the understanding that children learn within their family
and community groups, bringing rich knowledge, a diversity of experiences and
identities to their learning. Sociocultural theories have moved our focus beyond
individual children’s development to highlight the importance of social contexts to
children’s learning and development. As children participate and learn in their
communities, they in turn influence those communities. Early childhood
communities ought to be spaces and places where practices such as responsive
listening and dialogue can build connections and relationships which sustain and
advance individual and collective wellbeing.
Early childhood professionals have a strong history of advocating on behalf of
children and their families. This revised Code builds on this tradition by making
explicit the ethical responsibility to take action in the face of injustice and when
unethical practice occurs.
This Code is not intended to, and could not possibly provide easy answers,
formulae, or prescriptive solutions for the complex issues early childhood
professionals face in their work. As an aspirational document, it does provide a
basis for critical reflection, a guide for professional behaviour, and principles to
inform individual and collective decision-making.
The following values and processes are considered central to the Code of Ethics:
•
•
•
•
•
•
•
•
•
respect
democracy
honesty
integrity
justice
courage
inclusivity
social and cultural responsiveness
education.
Definitions
In this Code of Ethics, for the purposes of this document, these terms are given
the following meanings:
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Children — People between the ages of birth and eight years.
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•
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Families—The people who have significant care responsibilities for and/or
kinship relationships with the child.
Early Childhood Professional—A person who works with or on behalf of
children and families in early childhood settings.
Communities—Groups of people who identify as having shared values
and intentions. These groups are recognised as complex, being
simultaneously connected by commonality and diversity.
Employer—An individual or organisation which employs early childhood
professionals.
Student—A person undertaking study at a secondary or tertiary
institution.
Early Childhood Australia Code of Ethics
In this Code of Ethics the protection and wellbeing of children is paramount and
therefore speaking out or taking action in the presence of unethical practice is an
essential professional responsibility.
I. In relation to children, I will:
1. Act in the best interests of all children.
2. Respect the rights of children as enshrined in the United Nations
Convention on the Rights of the Child (1991) and commit to advocating
for these rights.
3. Recognise children as active citizens participating in different
communities such as family, children’s services and schools.
4. Work with children to help them understand that they are global citizens
with shared responsibilities to the environment and humanity.
5. Respect the special relationship between children and their families and
incorporate this perspective in all my interactions with children.
6. Create and maintain safe, healthy environments, spaces and places, which
enhance children’s learning, development, engagement, initiative, selfworth, dignity and show respect for their contributions.
7. Work to ensure children and families with additional needs can exercise
their rights.
8. Acknowledge the uniqueness and potential of all children, in recognition
that enjoying their childhood without undue pressure is important.
9. Acknowledge the holistic nature of children’s learning and the significance
of children’s cultural and linguistic identities.
10. Work to ensure children are not discriminated against on the basis of
gender, age, ability, economic status, family structure, lifestyle, ethnicity,
religion, language, culture, or national origin.
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11. Acknowledge children as competent learners, and build active
communities of engagement and inquiry.
12. Honour children’s right to play, as both a process and context for learning.
II. In relation to families, I will:
1. Listen to and learn from families, in order to acknowledge and build upon
their strengths and competencies, and support them in their role of
nurturing children.
2. Assist each family to develop a sense of belonging and inclusion.
3. Develop positive relationships based on mutual trust and open
communication.
4. Develop partnerships with families and engage in shared decision making
where appropriate.
5. Acknowledge the rights of families to make decisions about their children.
6. Respect the uniqueness of each family and strive to learn about their
culture, structure, lifestyle, customs, language, beliefs and kinship
systems.
7. Develop shared planning, monitoring and assessment practices for
children’s learning and communicate this in ways that families
understand.
8. Acknowledge that each family is affected by the community contexts in
which they engage.
9. Be sensitive to the vulnerabilities of children and families and respond in
ways that empower and maintain the dignity of all children and families.
10. Maintain confidentiality and respect the right of the family to privacy.
III. In relation to colleagues, I will:
1. Encourage my colleagues to adopt and act in accordance with this Code,
and take action in the presence of unethical behaviours.
2. Build collaborative relationships based on trust, respect and honesty.
3. Acknowledge and support the personal strengths, professional experience
and diversity which my colleagues bring to their work.
4. Make every effort to use constructive methods to manage differences of
opinion in the spirit of collegiality.
5. Share and build knowledge, experiences and resources with my
colleagues.
6. Collaborate with my colleagues to generate a culture of continual
reflection and renewal of high quality practices in early childhood.
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IV. In relation to communities, I will:
1. Learn about the communities that I work within and enact curriculum
programs which are responsive to those contexts and community
priorities.
2. Connect with people, services and agencies within the communities that
support children and families.
3. Promote shared aspirations amongst communities in order to enhance
children’s health and wellbeing.
4. Advocate for the development and implementation of laws and policies
that promote child-friendly communities and work to change those that
work against child and family wellbeing.
5. Utilise knowledge and research to advocate for universal access to a range
of high-quality early childhood programs for all children.
6. Work to promote community understanding of how children learn in
order that appropriate systems of assessment and reporting are used to
benefit children.
V. In relation to students, I will:
1. Afford professional opportunities and resources for students to
demonstrate their competencies.
2. Acknowledge and support the personal strengths, professional
knowledge, diversity and experience which students bring to the learning
environment.
3. Model high-quality professional practices.
4. Know the requirements of the students’ individual institutions and
communicate openly with the representatives of that institution.
5. Provide ongoing constructive feedback and assessment that is fair and
equitable.
6. Implement strategies that will empower students to make positive
contributions to the workplace.
7. Maintain confidentiality in relation to students.
VI. In relation to my employer, I will:
1. Support workplace policies, standards and practices that are fair, nondiscriminatory and are in the best interest of children and families.
2. Promote and support ongoing professional development within my work
team.
3. Adhere to lawful policies and procedures and when there is conflict,
attempt to effect change through constructive action within the
organisation or seek change through appropriate procedures.
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VII. In relation to myself as a professional, I will:
1. Base my work on contemporary perspectives on research, theory, content
knowledge, high quality early childhood practices and my understandings
of the children and families with whom I work.
2. Regard myself as a learner who undertakes reflection, critical self-study,
continuing professional development and engages with contemporary
theory and practice.
3. Seek and build collaborative professional relationships.
4. Acknowledge the power dimensions within professional relationships.
5. Act in ways that advance the interests and standing of my profession.
6. Work within the limits of my professional role and avoid
misrepresentation of my professional competence and qualifications.
7. Mentor other early childhood professionals and students.
8. Advocate in relation to issues that impact on my profession and on young
children and their families.
9. Encourage qualities and practices of leadership within the early childhood
profession.
VIII. In relation to the conduct of research, I will:
1. Recognise that research includes my routine documentation and
investigations of children’s learning and development, as well as more
formal research projects undertaken with and by external bodies.
2. Be responsive to children’s participation in research, negotiating their
involvement taking account of matters such as safety, fatigue, privacy and
their interest.
3. Support research to strengthen and expand the knowledge base of early
childhood, and where possible, initiate, contribute to, facilitate and
disseminate such research.
4. Make every effort to understand the purpose and value of proposed
research projects and make informed decisions as to the participation of
myself, colleagues, children, families and communities.
5. Ensure research in which I am involved meets standard ethical procedures
including informed consent, opportunity to withdraw and confidentiality.
6. Ensure that images of children and other data are only collected with
informed consent and are stored and utilised according to legislative and
policy requirements.
7. Represent the findings of all research accurately.
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The Early Childhood Australia Code of Ethics (2006) was
developed by a national working party consisting of Lennie
Barblett (Convenor), John Buckell, Sandra Cheeseman, Margaret
Clyde, Lyn Fasoli, Catharine Hydon, Anne Kennedy, Elizabeth Dau,
Linda Newman, Lois Pollnitz , Gillian Styles, Louise Thomas, Laura
Eiszele and Christine Woodrow.
This working party acknowledges the work of the original Code of
Ethics working party and thanks them for their outstanding
contribution to the early childhood profession.
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