Q&A legal and ethical work practices

CHCCS502C Maintain legal and ethical work practices

Elements

1. Promote the importance of applying legislation and common law relevant to work role

2. Monitor application of organisation policies and practices

3. Monitor ethical work practices

4. Take corrective action when client rights and interests are not being protected

Task components

Performance and Knowledge Evidence

C

S

NYS

Comment

Part 1

1/ Define

-ethics

-ethical thinking

-morality

-responsibility

-obligation

-equality

Application of duty of care principles and codes of ethics to a relevant range of work roles

Basic understanding of key concepts in Australia's Legal system

Definitions and explanations of the terms 'ethics, ethical thinking and morality'

Distinction between ethical and legal problems

Implementation of strategies for contributing to the review and development of policies and protocols

Implementation of strategies for managing abuse of a client

Implementation of strategies for managing complaints

Importance of ethics in practice Knowledge of key statutory, legislative and

regulatory requirements relevant to work area, specifically including work health and safety (WHS)

Management of common legal issues relevant to work area, such as: assault and battery, bailment, consent, defamation, negligence

Overview of relevant legislation in the sector and jurisdictions including contracts

Principles and practices for upholding the rights of the children and young people

Principles and practices for upholding the rights of the client

Principles and practices of confidentiality

Principles of access and equity relevant to

provision of community services

Principles of ethical decision-making

Relevant standards and code of practice in the sector

Reporting mechanisms and corrective actions appropriate to managing suspected abuse of a client

Rights and responsibilities of clients

Rights and responsibilities of workers

Role and responsibilities of legal guardians Strategies for addressing common ethical issues

Types of abuse experienced by clients

(including systems abuse and unintentional injury)

Apply knowledge of responsibilities, constraints and issues relating to a range of work roles in line with work area and organisation policies, protocols and procedures

Monitor and manage application of legal and ethical work practices

Provide information and support to staff to enhance the application of legal and ethical work practices and correct misunderstanding and/or inappropriate application of legal and ethical guidelines

Provide support to staff in resolving and dealing with legal and ethical issues arising in the workplace

Recognise and manage unethical conduct in the workplace

Apply reading, writing and oral communication skills required to fulfil work role in a safe and appropriate manner and as specified by the organisation/service:

this requires a level of skill that enables the

worker to access, interpret and provide oral and written explanations relating to legal documentation re workplace issues and to clarify information and express encouragement and support

Apply problem solving skills that require negotiation and mediation skills to resolve problems of a difficult nature within organisation protocols

Collaborate and network with a variety of stakeholders in order to monitor and enhance the achievement of service objectives

2/Name three (3) school policies that affect you whilst on work placement. Check with your school how frequently they are reviewed and who reviews them.

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3/ List some ethical responsibilities which might be required when working as an Educational Support staff member in an educational setting. P61 smallprint ref

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4/ Why are work instructions given on a one off basis more likely to be unclear than regular work instructions?

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5/ What could you do to assist a staff member who does not appear to understand the appropriate legal or ethical guidelines?

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6/ How can a new staff member learn about a school's value system?

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7/ Are there any circumstances in a school where it is acceptable to act unlawfully or unethically towards a student or colleague?

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8/ Who is bound by mandatory reporting within a school? To whom are mandatory reports made? What is the role of an Education Support staff member if they suspect a situation that should be reported?

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9/Describe one way which laws are made in Australia

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10/Name the three tiers of government in Australia and give information as to how each of these impacts education, special needs students and schools.

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11/What does duty of care mean to you in your work placement?

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12/Explain the steps that could be taken if there was a parental complaint against an Education Support staff member in a school

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Part Two Scenarios

1.Should a staff member report a colleague who takes time off to attend their child’s sport day as a sick day? Could schools have a policy or protocol that assisted in this area? (remember that in schools there is no annual leave). Explain your thoughts.

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2.What would your advice be to a needy child who finds $2 on the way to school and tells you about it? What if it was $20 or $200? What is the difference?

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3. A school is planning a 3 day camp for year 6 students. This camp is traditionally a hiking outdoor education camp where students carry packs containing food, and gear. One of the 40 students has a prosthetic half leg. He is physically active however teachers are concerned about his ability to hike for three days. Give some suggestions and processes that will enable this student to access the camp with his peers.