Age Care certIV

STUDENT ASSESSMENT BOOKLET

CHCLEG003 Manage Legal and Ethical Compliance

Suite 203, 11-15 Deane Street Burwood, NSW, 2134

Email: [email protected]

RTO Code: 45342

Student Name: ___________________________

© 2020 Advance College

Advance College is a trading name of Australian Newtown College, RTO 45342.

Cover image © Bigstock www.bigstock.com (Images 1 & 3) and © Shutterstock www.shutterstock.com (Image 2)

RECORD OF ASSESSMENT OUTCOMES: CHCLEG003

This section records the outcome of each task/assessment requirement so that the final assessment outcome can be determined for the unit CHCLEG003 Manage legal and ethical compliance.

The table below shows all the assessment requirements for this unit. Once a student has satisfactorily completed all requirements related to the unit, they can be given a Final Assessment Result of ‘Competent’. A number of spaces have been provided to record multiple attempts. Final Assessment Results should only be recorded once all tasks have been attempted.

Assessment requirements/tasks	Task Outcome
	Satisfactory (S) Not satisfactory (NS)	Date	Assessor initials
1. Written questions
2. Case studies
3. Project
4. Supervisor report
Final Assessment Results	Result (C/NYC)	Date
CHCLEG003 Manage legal and ethical compliance
Student name:
Assessor name:
Assessor signature:	Date: / /

ASSESSMENT OVERVIEW

This Student Assessment Booklet includes all your tasks for assessment of CHCLEG003 Manage legal and ethical compliance.

ABOUT YOUR ASSESSMENTS

This unit requires that you complete 3 assessment tasks. You are required to complete all tasks to demonstrate competency in this unit.

Assessment Task	About this task
Assessment Task 1: Written questions	Students must correctly answer all questions to show that they understand the knowledge required of this unit.
Assessment Task 2: Case studies	Students are to read four case studies and complete the questions for each.
Assessment Task 3: Project	There are two parts to this assessment. · Part A: Students must develop an equal employment policy and answer a set of written questions. · Part B: Students are to answer a set of written questions.

How to submit your assessments

When you have completed each assessment task you will need to submit it to your assessor.

Instructions about submission can be found at the beginning of each assessment task.

Assessment Task Cover Sheet

At the beginning of each task in this booklet, you will find an Assessment Task Cover Sheet. Please fill it in for each task, making sure you sign the student declaration.

Your assessor will give you feedback about how well you went in each task, and will write this on the back of the Task Cover Sheet.

Prerequisite

The prerequisite for this unit is NIL.

PERFORMANCE EVIDENCE

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:

determined the scope of legal and ethical compliance requirements and responsibilities, and developed policies and procedures for at least 1 workplace or business

developed a strategic response to at least 3 different situations where legal or ethical requirements have been breached

KNOWLEDGE EVIDENCE

The candidate must be able to demonstrate essential knowledge required to effectively do the task outlined in elements and performance criteria of this unit, manage the task and manage contingencies in the context of the identified work role. This includes knowledge of:

legal responsibilities and liabilities of managers and others in different types of organisation

legal and ethical frameworks (international, national state/territory, local), how these apply in the workplace, and the responsibilities of managers in the development and monitoring of policies and procedures, including those related to:

· children in the workplace

· codes of conduct

· codes of practice

· complaints management

· continuing professional education

· discrimination

· dignity of risk

· duty of care

· human rights:

· Universal declaration of human rights

· relationship between human needs and human rights

· frameworks, approaches and instruments used in the workplace

· informed consent

· mandatory reporting

· practice standards

· practitioner/client boundaries

· privacy, confidentiality and disclosure

· policy frameworks

· records management

· rights and responsibilities of workers, employers and clients

· industrial relations legislation and requirements relevant to organisation

· specific requirements in the area of work, including:

· key practices that are prohibited by law

· auditing and inspection regimes

· main consequences of non-compliance

· need to apply for licences and associated mandatory training and certification requirements

· statutory reporting requirements

· business insurances required including public liability and workers compensation

· accreditation requirements

· requirements to develop and implement plans, policies, codes of conduct or incorporate certain workplace practices

· work role boundaries – responsibilities and limitations of different people

· work health and safety

sources of information and advice on compliance including:

· local, state/territory or commonwealth government departments or regulatory agencies

· industry associations

· plain English documentation that explains legislation

functions and operating procedures of regulatory authorities of particular relevance to the health and community service sectors

methods of receiving updated information on requirements

use of policies and procedures in managing compliance and ethical practice in both internal work practice and external service delivery

formats for policies and procedures and what they should include

techniques for monitoring compliance

For all documentation on the performance criteria and assessment requirements of the unit CHCLEG003 Manage legal and ethical compliance, please refer to the training.gov.au website with this link: https://training.gov.au/Training/Details/CHCLEG003.

ASSESSMENT TASK COVER SHEET

Students: Please fill out this cover sheet clearly and accurately for this task.

Student Name
Assessor Name
Unit: CHCLEG003 Manage legal and ethical compliance
Assessment Details
Assessment Type	Written/Oral questions Case studies Project
Agreement by the student
Read through the assessments in this booklet before you fill out and sign the agreement below. Make sure you sign this before you start any of your assessments.
Have you read and understood what is required of you in terms of assessment?	Yes	No
Do you understand the requirements of this assessment?	Yes	No
Do you agree to the way in which you are being assessed?	Yes	No
Do you have any special needs or considerations to be made for this assessment? If yes, what are they? …………………………… ………………………… ………………… ……… … … .………………………………………….	Yes	No
Do you understand your rights to appeal the decisions made in an assessment?	Yes	No
None of this work has been completed by any other person.	Yes	No
I have not cheated or plagiarised the work or colluded with any other student/s.	Yes	No
I have correctly referenced all resources and reference texts to complete these assessment tasks.	Yes	No
I understand that if I am found to be in breach of policy, disciplinary action may be taken against me.	Yes	No

STUDENT DECLARATION

I, , certify that the statements I have attested above have been made in a good faith, are true and correct. To the best of my knowledge and belief, these tasks are my own work.

Student Signature: …………………………… Date: ............... /................./...................................

ASSESSMENT TASK COVER SHEET – Attempt 1

Result

Satisfactory (S)

Not Yet Satisfactory (NYS)

ASSESSOR FEEDBACK (Assessment Task 1 to Task 3)

Assessors: Please return this cover sheet to the student with assessment results and feedback.

Assessor signature: Date:

ASSESSMENT TASK COVER SHEET – Attempt 2

Re-assessment Result

Satisfactory (S)

Not Yet Satisfactory (NYS)

ASSESSOR FEEDBACK (Assessment Task 1 to Task 3)

Assessors: Please return this cover sheet to the student with assessment results and feedback.

Assessor signature: Date:

ASSESSMENT TASK COVER SHEET – Attempt 3
Re-assessment Result	Satisfactory (S)	Not Yet Satisfactory (NYS)

ASSESSOR FEEDBACK (Assessment Task 1 to Task 3)

Assessors: Please return this cover sheet to the student with assessment results and feedback.

Assessor signature: Date:

ASSESSOR DECLARATION

I declare that I have conducted a fair, valid, reliable and flexible assessment with this student, and I have observed the student demonstrate unit outcomes through consistent and repeated application of skills and knowledge over a period of time and provided appropriate feedback. Signature: ________________________ Date: ______/_______/______________

STUDENT FEEDBACK AND ASSESSMENT APPEALS

You can make an appeal about an assessment decision by putting it in writing and sending it to us. Refer to your Student Handbook for more information about our appeals process.

I have received my assessment result and I am satisfied with the given feedback for this assessment.

I am not satisfied about my result and I would like to appeal regarding my result.

Student Signature: …………………………… Date: ......... /.........../..................

ASSESSMENT TASK 1: WRITTEN QUESTIONS

Task summary: · This is an open book test – you can use the Internet, textbooks and other documents to help you with your answers if required. · You must answer all 18 questions correctly. · Write your answers in the space provided. · If you need more space, you can use extra paper. All extra pieces of paper must include your name and the question number/s you are answering. · You may like to use a computer to type your answers. Your assessor will tell you if you can email them the file or if you need to print a hard copy and submit it.

What do I need in order to complete this assessment?

· Access to textbooks and other learning materials.

· Access to a computer and the Internet (if you prefer to type your answers).

When do I do this task?

· You will do this task in your own time.

what do I need to do if I get something wrong?

If your assessor marks any of your answers as incorrect, they will talk to you about resubmission. You will need to do one of the following:

Answer the questions that were incorrect in writing.

Answer the questions that were incorrect verbally.

Question 1

Gilly has been asked to write a set of policies and procedures for records management in his workplace. He has been asked to make sure he complies with AS/ISO 15489. Gilly has no idea of what AS/ISO 15489 is, so he decides to ask you about it.

What is AS/ISO 15489? How does it relate to legal and ethical compliance for the implementation of policy and procedures?

Question 2

Gilly is also asked to make sure that the records management policies and procedures comply with the Australian Privacy Principles (APP).

What are the APP and what do they cover?

Question 3

Harry has been a drug user for many years. He is now 69 years old and showing early signs of memory loss. He is not at imminent danger to himself or to others, but his wife is worried about him. His wife tries to get him admitted to rehab, but she is told that Harry will need to give ‘informed consent’ to receive treatment.

Why is this so? Provide an example to explain informed consent.

Question 4

Nathan is an aged care worker. He has been working with Gillian for some time now providing personal care services in her home. Gillian is a very rich woman. Recently Nathan has been spending more time with Gillian than with other clients.  One day Nathan suggests to Gillian that he will come to her house in the evening to watch a movie. Gillian does not want to do this, as Nathan is much younger than her. She suspects that she is getting special treatment because he is interested in her money. Nathan tells her not to silly – they are only going to watch a movie together.  Gillian feels that she has to let Nathan visit because she doesn’t want to hurt his feelings.

Review the Australian Community Workers Association Code of Ethics at the website:

http://www.acwa.org.au/course-accreditation/codeofethics.pdf.

Based on what you have read, what principle is Nathan contravening?

Question 5

Heidi manages a team of four community services workers. Each staff member has recently obtained their Certificate IV in Community Services. Heidi has the Diploma of Community Services. One of her staff asks Heidi if she can join a network group that is discussing the implementation of new government initiatives. Heidi replies, ‘No, you have your Certificate IV – you don’t need any more professional development for at least four years.’

Heidi clearly does not believe in continuing professional development. What significant difficulties is this attitude going to cause in Heidi’s work team?

Question 6

Provide three examples of how client information should be protected in the workplace.

1.
2.
3.

Question 7

Abha has a training session to run today. While she is setting up, she sees that there are bare wires protruding from the wall. When she brings it to the attention of her supervisor, she is told, ‘Oh yes – I meant to tell you about that. Tell your students to stay away from the wires so they don’t get electrocuted. The electrician is coming this afternoon around 2.30. He said it will only take about 10 minutes to fix the wires.’ It is 8.55am and the training is due to start at 9.15. T The first students are starting to filter in. There is no other training room available.

What is Abha’s duty of care to her students? What should she do?

Question 8

What is the Universal Declaration of Human Rights? Who uses it?

Is the Universal Declaration of Human Rights legally binding?

Question 9

Majd has just been recruited to work at the local neighbourhood house – his job is to drive the bus for the elderly people in the community – taking them to appointments, into town and so on. He has presented his police check and drivers licence. He does not have a Working with Children Check as he has been employed to work with the elderly only.  Majd is well known to the coordinator of the community house as they live next door to each other. After he has been in the job for one week, the coordinator asks him if he would also take Jika – an eight-year-old boy with physical disabilities, to school each day.  When Majid explains to the coordinator that he does not have a Working with Children check, she responds that she knows that Majd has children of his own and looks after them well. He can get the check done some time in the future when he has time. The coordinator then asks Majd to pick up Jika today. It is the only way that Jika can get to school as the school bus cannot take his wheelchair.

What two Acts has the coordinator breached?

1.
2.

Majd is anxious to please but knows he can’t lawfully work around children until his Working with Children Check is completed. But he doesn’t want to lose his job!

What should Majd do?

Question 10

Briefly describe the meaning and purpose of a ‘workplace audit’.

Question 11

Millicent is the coordinator of the Blinkinsville Neighbourhood House Coordination Program (NHCP) in Victoria. The NHCP is funded by the Victorian Government and recurrent funds are provided each year to provide community development activities.

Locate the current program guidelines and neighbourhood house sector information guide for the Neighbourhood House Coordination Program in Victoria.

1. What are four general requirements for neighbourhood houses that receive NHCP funding?

1.
2.
3.
4.

What may happen if any of these general conditions are not complied with?

Question 12

Bridgette is the only female out of seven workers in her unit and is being harassed by her colleagues. They constantly make jokes and comments about her being a female and about the quality of her work. They say that she is not good at her job as she is a female and all the male clients make sexualised comments about her. They also say she would not be strong enough to defend herself if one of the clients was to assault her. When an opportunity comes up for Bridgette to take on a project planning a new unit, she is told not to attempt to apply for it – she is a woman and would not be able to understand the need of the all-male clients.

1. What legislation is being breached in this scenario?

Write a step-by-step complaints management process that Bridgette could follow if she wanted to formally lodge a complaint

Who could Bridgette talk to so she can get some reliable advice about this issue? List four sources.

1.
2.
3.
4.

Question 13

Claire is the safety officer for a community care organisation in Melbourne that specialises in providing advocacy services for older people with disabilities. She is doing an audit of the first aid kits in the workplace and uses the First aid in the Workplace Compliance Code (edn 1 September 2008) – Worksafe Victoria. Claire accessed this document at https://www.worksafe.vic.gov.au/__data/assets/pdf_file/0003/8706/First_aid_CC.pdf. The Centre is considered to be ‘low risk’ and has 24 employees. Claire finds there is one first aid kit in the workplace. The first aid kit is kept in a large steel container, which is locked. The key is held by the first aid officer. There are no markings on the container. Claire checks the contents of the first aid kit and finds three things missing against what is prescribed in the Code of Practice. The contents of the kit include: · basic first aid notes · disposable gloves · individually wrapped sterile adhesive dressings · sterile eye pads (packet) · sterile coverings for serious wounds · safety pins · small sterile unmedicated wound dressings · medium sterile unmedicated wound dressings · large sterile unmedicated wound dressings · non-allergenic tape · rubber thread or crepe bandage · scissors · tweezers · sterile saline solution · plastic bags for disposal.

1. Are there sufficient first aid kits for this workplace? Explain your answer.

There are two things that Claire finds about the container of the first aid kit that do not comply with the Code. What are they?

1.
2.

What three items are missing from the first aid kit?

1.
2.
3.

Question 14

Mr Johnson is 80 years old. He has been diagnosed with bad arthritis. While he is rapidly declining in his overall state of health and wellbeing, he is still able to function with some support. His doctors have advised his daughter, Ellen, that she should consider moving him into a care facility where he can be strictly monitored on a daily basis. Ellen suggests this as an option to her father, however he is adamant that he can continue living in his own home with minor support. Mr Johnson feels strongly about his decision and refuses to change his mind. Ellen is not comfortable with her father’s decision and advises his doctors that he will move into the recommended facility the following Friday. On the Friday morning Mr Johnson is taken unwillingly to the care facility.

Would you consider Ellen’s choices unlawful? Explain your answer.

Question 15

1. What is the purpose of public liability insurance?

What is the purpose of workers’ compensation?

Question 16

Explain the role of each of the following:

1. Australian Human Rights Commission
1. Fair Work Commission
1. The Victorian Charter of Human Rights and Responsibilities
The Australian Charter of Healthcare Rights
Australian Government Department of Human Services
The Australian Services Union

Question 17

All workers are required model ethical behaviour in their own work.

Imagine you are a newly qualified community services worker, list four ways that you plan to do this?

1.
2.
3.
4.

Question 18

Dorina works in a residential aged care facility.  One day she is talking to Doris, who is very unhappy. She disclosed that Anna (another carer) had tied her into her chair last week.  Doris said it was because she kept getting up instead of eating her dinner. Doris had needed to go to the toilet and ended up wetting herself.  Anna was angry with her and told her next time she would restrain her for longer.  Doris knows the staff are worried about her not eating, but she doesn’t like being forced to stay in her chair until she has finished.

Does Dorina have an obligation to report this? Explain your answer, referring to applicable legislation.

CHCLEG003 Manage Legal and Ethical Compliance

© Advance College

Page 22

July 2020 Version 3.0

ASSESSMENT TASK 2: CASE STUDIES

Task summary: You are to read the case studies and complete the questions that follow.

What do I need in order to complete this assessment?

· Access to textbooks and other learning materials

· Access to a computer and the Internet (if you prefer to type your responses).

When do I do this task?

· You will do this task in your own time.

what do I need to do if I get something wrong?

If your assessor marks any of your answers as incorrect, they will talk to you about resubmission. You will need to do one of the following:

Answer the questions that were incorrect in writing.

Answer the questions that were incorrect verbally.

Case Study 1: Prasad moves to Australia

Prasad recently joined ‘Support for the Elderly’, taking on the role of the team leader. Prasad has recently moved to Australia from India. He was very pleased that his experience with older people in need in India has been recognised and he could get employment in a team leader’s role. Prasad had been employed in India for over 15 years, during which time he had campaigned for older people’s rights and had made many inroads into the care and protection of the older people across the country. Prasad was known to be a skilled and dedicated social worker. After settling into his new role, Prasad noticed some of his team members making quiet jokes when he was around the office. Some would giggle or quietly laugh when he would speak and do silent movements ridiculing his natural gestures. During lunch times, Prasad overhead some of the team mention his name and put on an Indian accent during their conversation. This happened more obviously when Prasad was giving the team updates during their weekly catch ups. Furthermore, one of the team members, Ben, would send regular emails to the rest of the team with jokes and comical images about the Indian culture. When Prasad attempted to ignore these jokes about him, he also noticed the responsiveness of his team decline. They were not supportive of his requests and lacked the team cooperation and loyalty that he needed to get tasks done. Prasad began to lose his confidence with his new role and team leadership. He felt humiliated because of his culture and ethnic background, and he could not understand why his team were not as welcoming as he expected. They did not make him comfortable in his position as their team leader. Eventually Prasad withdrew his interaction with the team over time, cancelling meetings and confining his communication to emails rather than face-to-face discussion. The jokes about Prasad failed to cease and became targeted at his withdrawn behaviour. He became agitated and depressed until he completely withdrew himself from the workplace and ceased working due to increasing stress. Prasad was also homesick, as all of his family and friends resided back in India.

1. What legislation or standards does this situation breach? Provide an explanation to support your answer.

2. Describe the implications (risks, consequences, penalties) that could arise to both employee and employer as a result of this situation.

3. Describe the responsibilities of Prasad, the work team and management

4. Imagine you were the manager. Explain how you would respond to this situation if this occurred at your workplace. Include reference to legal compliance, policies and procedures, training requirements, monitoring and compliance review and assessment.

Case Study 2: Kelly and Thomas on night shift

Kelly has just completed her Certificate IV in Community Services and is very pleased to be given a job working as a youth residential care worker. Kelly enjoys the work and finds the house supervisor to be very helpful in teaching her the ropes. After a few months, the house supervisor advises Kelly that he will be placing her on night shift with the other night worker – Thomas. Kelly is a bit uncomfortable about working with Thomas, especially during the night, but she appreciates the responsibility of working nights. The shift penalties also mean more money in her pay. When Kelly starts working with Thomas, he casually questions her about her personal life. He asks her questions about whether she has a boyfriend and about her first time sexual encounter. Kelly finds this intrusive as she has never been asked these type of questions by anyone else in a workplace. But she thought this might just be Thomas trying to be friendly and make an effort to get to know her better. Kelly has a strong commitment to her job and a loyalty to do her best for her older clients. Thomas begins to give Kelly compliments on how she looks and presents herself, most especially he admires her breasts. He makes comments like, ‘If I wasn’t already married and I was your age I would be all over you by now!’ Kelly’s discomfort around Thomas grows when he starts to read sexually explicit content in magazines that he brings from home. He also shows her pornography on the Internet, saying that he has caught his sons accessing it. One night when all the clients were in bed asleep, Thomas asks her to have sex with him. Kelly calls the on-call manager, saying she is sick and needs to leave her shift immediately. She never returns to work.

1. What Commonwealth legislation does this situation breach? Provide an explanation to support your answer.

6. Describe the implications (risks, consequences, penalties) that could arise to both Kelly, Thomas and the employer as a result of this situation.

7. Describe the responsibilities of Kelly, Thomas and the employer.

8. Imagine you were the manager. Explain how you would respond to this situation if this occurred at your workplace. Include reference to legal compliance, policies and procedures, training requirements, monitoring and compliance review and assessment.

Case Study 3: Helping out a friend

Thomas is suspended from work and a disciplinary investigation process is in progress. Thomas calls, Ben, who works in the HR department. Ben is a friend of his from years ago. They used to play football together and often go out for drinks on Thomas’s nights off. They arrange to meet at the pub that night. Thomas buys Ben a beer and fills him in on what has happened – he has been wrongfully suspended from work! According to Thomas, Kelly has thrown herself at him during night shift and when he threatened to report her, she got in first and said it was him who assaulted her! Ben had heard something about the suspension and was very glad to hear that his friend was not in the wrong. Thomas asks Ben if he could get the disciplinary file out of the HR Manager’s office and photocopy it for him so he knows what is happening in the investigation. This will help him as he will be able to see Kelly’s statement and what the investigator has said in the report. He needs the information before he goes in front of the investigation committee next week. If Ben can get the report, Thomas promises that he will never tell anyone. Ben feels sorry for his friend and the next day he works back late. He finds the HR Manager’s office key and ‘borrows’ the file. He makes a copy. On his way home he drops in at the pub and gives Thomas the photocopies. Ben can’t believe the lies that Kelly has told about Thomas in her statement – he feels really sorry for his friend as it looks like it will just be Kelly’s word against his, and everyone knows that the female is always believed over the male in a sexual assault case! Thomas buys Ben another drink. ‘Cheers,’ Thomas says as they clink bottles. Thomas grins widely.

1. What legislation, Acts or codes does this situation breach? Provide an explanation to support your answer.

10. Describe the implications (risks, consequences, penalties) that could arise to both Thomas, Ben, Kelly and the employer as a result of this situation.

11. Describe the responsibilities of Ben, the HR manager and the employer.

12. Imagine you were the manager. Explain how you would respond to this situation if this occurred at your workplace. Include reference to legal compliance, policies and procedures, training requirements, monitoring and compliance review and assessment.

Case Study 4: Revising the procedure

Jenny works in a transitional care facility. It provides services for older people who have been in hospital for acute care and are not yet well enough to go home. Jenny works in the administration department. Jenny’s department is responsible for ordering and storing stationery for the entire facility. The procedure reads as follows: SAFE WORK PROCEDURE – DELIVERIES AND STORAGE OF STATIONERY The administration staff will be responsible for accepting and storing stationary orders. Procedure: · When stationery orders are delivered, check the content of the delivery to ensure it matches the delivery docket. · Sign the delivery company’s documentation. · Immediately move stationery received into the storeroom. If the box is too heavy, ask another worker to assist with moving the box. · Unpack the stationery and store it as follows: Small items for everyday use – store on low and middle shelves. One box of photocopy paper to be split into individual reams and stored on easy to reach shelf. Remainder of boxes of photocopy paper to be stored (in boxes) on top shelf. Staff must use the ladder provided to lift the boxes onto the top shelf. Yesterday Jenny received a large order of stationery. She was busy with other work so she asked Martin to help her so she could get through it faster. One of the boxes was very heavy, so Martin said he would move it to the storeroom. Jenny offered to help, but he said he was fine. Unfortunately Martin tripped over his own feet when he was moving the box and fell down the small step that led into the storeroom.  He had to be taken to hospital – he had fractured his wrist. After all the drama of Martin’s accident died down, Jenny decided to put all the stationery away herself. She had almost got everything done, but the last items were six boxes of photocopy paper. Jenny used the ladder as instructed by the procedures to put the boxes on the top shelf. By the time she got to the fourth box she was exhausted – it was hard work lifting boxes up a ladder! Just was she was about to put the box on the shelf, her foot slipped on the ladder step. She fell onto the floor – thankfully the box did not hit her! However, Jenny still ended up with cuts on her leg from the metal ladder, and lots of bruises and a very sore ankle and arm. Naomi is the new manager of the neighbourhood centre. She has been on the job for not even two weeks. She is horrified that two accidents could occur on the same day, and in the same place. Naomi investigates the incidents and, when she reads the procedure, she is shocked at the manual handling processes that staff are being advised to carry out. She is surprised there hasn’t been more serious accidents. She knows the procedure must be fixed immediately!

1. Revise the procedure so it correctly advises staff how to use safe manual handling procedures. You may like to refer to the Code of Practice for Manual Handling for your state or territory. 

For example: Code of Practice for Manual Handling No 25, Worksafe Victoria, April 2000 http://www.worksafe.vic.gov.au/__data/assets/pdf_file/0003/9426/COP25_manualhandling.pdf.

Suggest three other actions that Naomi could take to make the storage process safer.

1.
2.
3.

ASSESSMENT TASK 3: PROJECT
	Task summary: There are two parts to this assessment: · Part A: You must develop an Equal Employment policy · Part B: You are to answer a set of written questions.
Part A: Equal Opportunity Policy

What do I need in order to complete this assessment?

· The Equal Opportunity Policy and Procedure template (provided at the end of this task)

· Access to the Internet (for conducting online research)

· Access to a computer (if you prefer type out your answers)

· Access to your workplace’s workplace policies and procedures.

When do I do this assessment?

· You will do this task in your own time.

what do I need to do if I get something wrong?

If your assessor identifies that you have not completed all parts of the template, you will be given an appropriate time in which to resubmit.

Instructions:

1. Review the Policy and Procedure template on the next page.

1. Research your workplace’s policies and procedures as well as external legislation, codes and other relevant documentation to guide you in filling out the template.

1. Complete all sections of the template, writing in a clear, professional manner. Remember to use your own words when filling out the template – do not copy from existing documentation.

1. As part of this assessment you will need to distribute the policy and procedure to your colleagues. For the purposes of this assessment, your assessor will be the colleague that you need to inform about these policies and procedures and legal information. You will need to send them an email within appropriate timeframes. The email address that you need to send this to [email protected]. You need to ensure your email is written in a clear, and professional manner and includes your full name.

1. Your assessor will respond to your email and ask a question about the policy and procedure. You will need to respond to this email with the required information.

Policy title:
Document owner:
Approved by:
Date approved:
This policy covers the following: · Scope · Objectives · Company values and commitment · Key terms and definitions · Rights and responsibilities · Related policies and procedures · Key contacts · Implementation · Training and certification · Complaints procedure · Policy review · Document control.
Scope (Provide an overview of who and what the policy covers.)
Objectives (Provide a description of the policy’s goals and aims.)
Values and commitment (Provide a description of the workplace's values and commitments.)
Terms and definitions (Provide a description of key terms and definitions used in the policy, ie a glossary.)
Rights and responsibilities (staff)
Rights and responsibilities (managers)
Key contacts and external organisations (List relevant key contacts – that is, individuals, groups or departments who could be approached by staff in relation to issues, concerns or breaches of any area of this policy)
Risks, Penalties and Consequences of non-compliance
Implementation and training (Provide an overview of how the policy would be implemented.)
Training and assessment (Provide an overview of the training requirements, including assessment.)
Complaints procedure (informal and formal) (Provide an overview of the complaints management procedure.)
Policy review and update (Provide an overview of how the policy will be reviewed.)
Related Acts, Standards and Regulations (List related Australian state and Commonwealth legislation, standards and Acts)
Document management (Provide an outline of how the document will be maintained and controlled.)

Part B: Workplace Project

What do I need in order to complete this assessment?

· Access to a computer (if you prefer type out your answers).

· Access to the internet

· Privacy Policy (provided)

· Access to workplace systems.

When do I do this assessment?

· Students will do this task during their work placement in the presence of their assessor

what do I need to do if I get something wrong?

If your assessor marks any of your answers as incorrect, they will talk to you about resubmission. You will need to do one of the following:

Answer the questions that were incorrect in writing.

Answer the questions that were incorrect verbally.

Instructions:

You must complete a practical demonstration of skills. Your assessor will observe

Task

You are working in an aged care facility and your supervisor has asked you to complete a review of the systems to ensure that they are protecting client’s information as the facility is having their reaccreditation review next month. Your supervisor has provided you with the current privacy, confidentiality, and disclosure policy. She asked you to provide her with any recommendations on how the facility can maintain their accreditation. She has also advised that you can make whatever changes you need to make to policies and procedures to ensure the facility is meeting their obligations, including communicating to staff where required. She would also like you to provide recommendations for how the facility can maintain their accreditation. Throughout your time at this facility, you have observed people leaving computer systems unlocked so they do not need to keep adding in their password and you often notice client files laying around unattended in common areas. You have also noted that since you commenced work, there has been no training conducted with employees.

Your assessor will be looking to see if you can

· Ensure systems protect client information

· Evaluate work practices for non-compliance on an ongoing basis

· Maintain and update required accreditations or certifications

· Refer issues or breaches of ethical or legal practice to relevant people

· Identify and use opportunities to maintain knowledge of current and emerging legal requirements and ethical issues

· Share updated knowledge and information with peers and colleagues

· Proactively engage in process of review and improvement

The assessor will play the role of your supervisor and your colleagues. If any communication is to occur to these people during the task, this should be done via email to [email protected].

Updated Policy

How will you ensure you maintain knowledge of current and emerging legal requirements and ethical issues? (include evidence of any updates you have accessed)

How did the information from these sites inform the update to the policy and procedure

Recommendations to maintain current accreditation

Privacy, Confidentiality, and Disclosure Policy

We understand the importance of protecting the privacy of an individual’s personal information (including health information). This policy sets out how we aim to protect the privacy of your personal information, your rights in relation to your personal information managed by us and the way we collect, use and disclose your personal information.

‘You’ or ‘Your’ in this policy refers to the person or entity that is using our services, engaging with our services (including job applicants) or visiting our website.

This policy applies to all staff (including contracted agency staff) and volunteers.

In handling your personal information, we will comply with the Privacy Act 1988 (Cth) (Privacy Act) and with the 13 Australian Privacy Principles (APPs) in the Privacy Act, as well as this APP Privacy Policy. This policy may be updated from time to time.

POLICY PURPOSE

The purpose of this policy and procedure is to:

a) ensure personal information is managed in an open and transparent way;

b) protect the privacy of personal information including health information of clients, residents and staff;

c) provide for the fair collection and handling of personal information;

d) ensure that personal information we collect is used and disclosed for legally permitted purposes only;

e) regulate the access to and correction of personal information; and

f) ensure the confidentiality of personal information through appropriate storage and security.

WHAT KINDS OF PERSONAL INFORMATION DO WE COLLECT?

Personal information is any information that identifies an individual or any information from which an individual’s identity could reasonably be ascertained. During the provision of our services, including if you access our website, we may collect your personal information.

We generally collect five kinds of information:

a) personal information provided by you, including your name, address, telephone number and email address;

b) health and financial information in the event that you enter our care as a resident;

c) government identifiers such as Medicare, Pension or Veteran’s Affairs numbers;

d) information that we obtain about you in the course of your interaction with our website including your internet protocol (IP) address, the date and time of your visit to our website, the pages you have accessed, the links on which you have clicked and the type of browser that you were using; and

e) aggregated statistical data which is information relating to your use of our website and our services, such as traffic flow and demographics.

HOW DO WE COLLECT PERSONAL INFORMATION?

Personal information (including health information), may be collected:

a) from a client or resident;

b) from any person or organisation that assesses health status or care requirements, for example the Aged Care Assessment Team;

c) from the health practitioner of a client or resident;

d) from other health providers or facilities;

e) from family members or significant persons of a client or resident; and

f) from a legal advisor of a client or resident.

We will collect personal information directly from you unless:

a) we have your consent to collect the information from someone else; or

b) we are required or authorised by law to collect the information from someone else; or

c) it is unreasonable or impractical to do so.

Once you have provided your consent, you are able to withdraw it at any time by contacting us. However please understand that by withdrawing your consent, we may not be able to provide you with the services you require.

WHY DO WE NEED YOUR PERSONAL INFORMATION?

We collect your personal information for the purposes of providing you with our care and services. Where applicable, we may use your personal information:

· to provide aged care services to you;

· to enable allied health care providers and medical practitioners to provide care and services to you;

· to enable us to obtain the correct level of government funding in relation to your care;

· to enable contact with a nominated person regarding your health status;

· to lawfully liaise with a nominated representative and to contact family if requested or needed;

· to identify and inform you of any other services that may be of interest to you;

· to fulfil any of our legal requirements; or

· for other purposes permitted or referred to under any terms and conditions you enter into or otherwise agree to with respect to our services.

· If you do not wish to have your personal information used in any manner or purpose specified above, please contact our Privacy Officer.

NOTIFICATION

We will at or before the time or as soon as practicable after we collect personal information from you, take all reasonable steps to ensure that you are notified or made aware of:

· our identity and contact details;

· the purpose for which we are collecting personal information;

· the identity of other entities or persons to whom we usually disclose personal information;

· that our privacy policy contains information about how you may complain about a breach of the APPs and how we will deal with a complaint;

· whether we are likely to disclose personal information to overseas recipients and if so, the countries in which such recipients are likely to be located and if practicable, to specify those countries.

These matters are set out further in our full ‘Privacy Collection Statement’.

WHO DO WE DISCLOSE YOUR PERSONAL INFORMATION TO?

We may disclose your personal information to allied health professionals who assist us in providing care and services, medical practitioners, external health agencies such as the ambulance service, hospitals, the Australian Department of Social Services, the Aged Care Quality and Safety Commission, Medicare and relevant organisation or Government Departments as necessary to carry out the purposes for which the information was collected.

We may not use or disclose personal information for a purpose other than the primary purpose of collection, unless:

a) the secondary purpose is related to the primary purpose and you would reasonably expect disclosure of the information for the secondary purpose;

b) you have consented;

c) the information is health information and the collection, use or disclosure is necessary for research, the compilation or analysis of statistics, relevant to public health or public safety, it is impractical to obtain consent, the use or disclosure is conducted within the privacy principles and guidelines and we reasonably believe that the recipient will not disclose the health information;

d) we believe on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to an individual’s life, health or safety or a serious threat to public health or public safety;

e) we have reason to suspect unlawful activity and use or disclose the personal information as part of our investigation of the matter or in reporting our concerns to relevant persons or authorities;

f) we reasonably believe that the use or disclosure is reasonably necessary to allow an enforcement body to enforce laws, protect the public revenue, prevent seriously improper conduct or prepare or conduct legal proceedings; or

g) the use or disclosure is otherwise required or authorised by law.

We will not disclose your personal information to an overseas recipient.

DISCLOSURE TO A PERSON RESPONSIBLE

We may disclose Health Information about an individual to a person who is responsible for the individual if:

a) the individual is incapable of giving consent or communicating consent;

b) the service manager is satisfied that either the disclosure is necessary to provide appropriate care or treatment or is made for compassionate reasons or is necessary for the purposes of undertaking a quality review of our services (and the disclosure is limited to the extent reasonable and necessary for this purpose); and

c) the disclosure is not contrary to any wish previously expressed by the individual of which the service manager is aware, or of which the service manager could reasonably be expected to be aware and the disclosure is limited to the extent reasonable and necessary for providing care or treatment.

A ‘person responsible’ is a parent, a child or sibling, a spouse, a relative, a member of the individual’s household, a guardian, an enduring power of attorney, a person who has an intimate personal relationship with the individual, or a person nominated by the individual to be contacted in case of emergency, provided they are at least 18 years of age.

CHCLEG003 Manage Legal and Ethical Compliance

© Advance College

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July 2020 Version 3.0