Work Within A Legal And Ethical Framewok

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Work Within a Legal and Ethical Work Within a Legal and Ethical FrameworkFramework

Work Within a Legal and Ethical Work Within a Legal and Ethical FrameworkFramework

CLICK ON THE SOUND ICON THROUGHOUT THIS SLIDE SHOW TO PLAY AUDIO

Demonstrate an understanding of Demonstrate an understanding of legislation and common law relevant legislation and common law relevant

to work roleto work role

Demonstrate an understanding of Demonstrate an understanding of legislation and common law relevant legislation and common law relevant

to work roleto work role

The legislative framework according to State and organisational The legislative framework according to State and organisational requirements needs to be applied in a way appropriate to the requirements needs to be applied in a way appropriate to the individual’s work role.individual’s work role.

Understanding the Australian legal system will enable the Understanding the Australian legal system will enable the worker to identify specific legal obligations within the overall worker to identify specific legal obligations within the overall legislative framework. Some of the key concepts defining our legislative framework. Some of the key concepts defining our legal context includelegal context include

Common law- in 1066 the process of establishing uniform law Common law- in 1066 the process of establishing uniform law throughout England began. Common law is also called case throughout England began. Common law is also called case law, precedent law and unenacted law and can be defined as law, precedent law and unenacted law and can be defined as ‘judge-made law’‘judge-made law’

http://www.historyoflaw.info/history-of-english-law.html

The legislative framework according to State and organisational The legislative framework according to State and organisational requirements needs to be applied in a way appropriate to the requirements needs to be applied in a way appropriate to the individual’s work role.individual’s work role.

Understanding the Australian legal system will enable the Understanding the Australian legal system will enable the worker to identify specific legal obligations within the overall worker to identify specific legal obligations within the overall legislative framework. Some of the key concepts defining our legislative framework. Some of the key concepts defining our legal context includelegal context include

Common law- in 1066 the process of establishing uniform law Common law- in 1066 the process of establishing uniform law throughout England began. Common law is also called case throughout England began. Common law is also called case law, precedent law and unenacted law and can be defined as law, precedent law and unenacted law and can be defined as ‘judge-made law’‘judge-made law’

http://www.historyoflaw.info/history-of-english-law.html

LegislationLegislationLegislationLegislation

Parliament-made law is also known as statute law, Parliament-made law is also known as statute law, legislation and enacted law. Parliament –made law legislation and enacted law. Parliament –made law overrides common law and has the advantage of being overrides common law and has the advantage of being able to make a ruling before a problem arises.able to make a ruling before a problem arises.

Privacy Act 1988(Cwth)Privacy Act 1988(Cwth)

http://www.dva.gov.au/health/ethics/ipps.pdfhttp://www.comlaw.gov.au/ComLaw/Legislation/ActCompilation1.nsf/framelodgmentattachments/409069FCABD20271CA25725C008385B5

Parliament-made law is also known as statute law, Parliament-made law is also known as statute law, legislation and enacted law. Parliament –made law legislation and enacted law. Parliament –made law overrides common law and has the advantage of being overrides common law and has the advantage of being able to make a ruling before a problem arises.able to make a ruling before a problem arises.

Privacy Act 1988(Cwth)Privacy Act 1988(Cwth)

http://www.dva.gov.au/health/ethics/ipps.pdfhttp://www.comlaw.gov.au/ComLaw/Legislation/ActCompilation1.nsf/framelodgmentattachments/409069FCABD20271CA25725C008385B5

LegislationLegislationLegislationLegislation

Young Offenders Act 1993 (South Australia)Young Offenders Act 1993 (South Australia)

http://www.legislation.sa.gov.au/LZ/C/A/YOUNG%20OFFENDERS%20ACT%201993.aspx

Young Offenders Act 1993 (South Australia)Young Offenders Act 1993 (South Australia)

http://www.legislation.sa.gov.au/LZ/C/A/YOUNG%20OFFENDERS%20ACT%201993.aspx

QUESTION? / ACTIVITYQUESTION? / ACTIVITYQUESTION? / ACTIVITYQUESTION? / ACTIVITY

Privacy Act 1988(Cwlth)Privacy Act 1988(Cwlth)

How does this Act impact us in Community Service Work?

YOU ARE REQUIRED TO POST YOUR DISCUSSION ON THE FORUM

Privacy Act 1988(Cwlth)Privacy Act 1988(Cwlth)

How does this Act impact us in Community Service Work?


Protective LegislationProtective LegislationProtective LegislationProtective Legislation

Community services and health workers will Community services and health workers will encounter two main types of legislation in the encounter two main types of legislation in the course of their work.course of their work.

Protective legislation- The concept of protective Protective legislation- The concept of protective legislation acknowledges the fundamental legislation acknowledges the fundamental responsibility of a government to protect citizens in responsibility of a government to protect citizens in areas such asareas such as

Basic human rightsBasic human rights Personal safety and propertyPersonal safety and property Undue interference in personal lives by authoritiesUndue interference in personal lives by authorities Child WelfareChild Welfare

Community services and health workers will Community services and health workers will encounter two main types of legislation in the encounter two main types of legislation in the course of their work.course of their work.

Protective legislation- The concept of protective Protective legislation- The concept of protective legislation acknowledges the fundamental legislation acknowledges the fundamental responsibility of a government to protect citizens in responsibility of a government to protect citizens in areas such asareas such as

Basic human rightsBasic human rights Personal safety and propertyPersonal safety and property Undue interference in personal lives by authoritiesUndue interference in personal lives by authorities Child WelfareChild Welfare

Protective LegislationProtective LegislationAdditional linksAdditional links

Protective LegislationProtective LegislationAdditional linksAdditional links

http://www.hreoc.gov.au/

http://www.hreoc.gov.au/info_for_students/index.html

http://www.humanrightsact.com.au/2008/

http://www.aihw.gov.au/childyouth/index.cfm

www.familiesandcommunities.sa.gov.au/LinkClick.aspx?fileticket=s1AGMfOakqk%3D&tabid=838&mid=3433

http://www.hreoc.gov.au/

http://www.hreoc.gov.au/info_for_students/index.html

http://www.humanrightsact.com.au/2008/

http://www.aihw.gov.au/childyouth/index.cfm

www.familiesandcommunities.sa.gov.au/LinkClick.aspx?fileticket=s1AGMfOakqk%3D&tabid=838&mid=3433


Choose one of the previously Choose one of the previously mentioned Acts, research and review it. mentioned Acts, research and review it. Consider it’s relevance to the work you Consider it’s relevance to the work you will undertake at Anglicare during your will undertake at Anglicare during your placement.placement.


Choose one of the previously Choose one of the previously mentioned Acts, research and review it. mentioned Acts, research and review it. Consider it’s relevance to the work you Consider it’s relevance to the work you will undertake at Anglicare during your will undertake at Anglicare during your placement.placement.


Enabling LegislationEnabling LegislationEnabling LegislationEnabling Legislation

Enabling legislation is an expression of social policy Enabling legislation is an expression of social policy and is enacted by a government to achieve three and is enacted by a government to achieve three basic purposesbasic purposes

To allow the government certain controls over To allow the government certain controls over individuals and organisationsindividuals and organisations

To allow the government to use public money to To allow the government to use public money to provide services or to fund other bodies to provide a provide services or to fund other bodies to provide a service.service.

It may include protective purposes such establishing It may include protective purposes such establishing regulatory bodies.regulatory bodies.

Enabling legislation is an expression of social policy Enabling legislation is an expression of social policy and is enacted by a government to achieve three and is enacted by a government to achieve three basic purposesbasic purposes

To allow the government certain controls over To allow the government certain controls over individuals and organisationsindividuals and organisations

To allow the government to use public money to To allow the government to use public money to provide services or to fund other bodies to provide a provide services or to fund other bodies to provide a service.service.

It may include protective purposes such establishing It may include protective purposes such establishing regulatory bodies.regulatory bodies.


Read the Commonwealth Disability Read the Commonwealth Disability Services Act 1986 and comment on its Services Act 1986 and comment on its relevant to the work undertaken at Bower relevant to the work undertaken at Bower Place.Place.

http://www.comlaw.gov.au/comlaw/Legislation/ActCompilation1.nsf/0/771CC21D9C73EA75CA25730100268236?OpenDocument

http://www.jobaccess.gov.au/JOAC/ServiceProviders/Help_available/Help_with_rights_and_responsibilities/Guide_to_legislation.htm


Read the Commonwealth Disability Read the Commonwealth Disability Services Act 1986 and comment on its Services Act 1986 and comment on its relevant to the work undertaken at Bower relevant to the work undertaken at Bower Place.Place.

http://www.comlaw.gov.au/comlaw/Legislation/ActCompilation1.nsf/0/771CC21D9C73EA75CA25730100268236?OpenDocument

http://www.jobaccess.gov.au/JOAC/ServiceProviders/Help_available/Help_with_rights_and_responsibilities/Guide_to_legislation.htm


10

Federal and State LawsFederal and State LawsFederal and State LawsFederal and State Laws The Australian Constitution outlines how the country The Australian Constitution outlines how the country

conducts its operations.conducts its operations. Australia has a Federal system of government with Australia has a Federal system of government with

powers distributed between a central or powers distributed between a central or Commonwealth government and regional or state Commonwealth government and regional or state governments. The Commonwealth Government is governments. The Commonwealth Government is responsible for areas such as defense, employment responsible for areas such as defense, employment and transport. The State governments are responsible and transport. The State governments are responsible for areas such as education, health and energy.for areas such as education, health and energy.

http://australianpolitics.com/constitution/

http://www.comlaw.gov.au/comlaw/comlaw.nsf/440c19285821b109ca256f3a001d59b7/57dea3835d797364ca256f9d0078c087/$FILE/ConstitutionAct.pdf

The Australian Constitution outlines how the country The Australian Constitution outlines how the country conducts its operations.conducts its operations.

Australia has a Federal system of government with Australia has a Federal system of government with powers distributed between a central or powers distributed between a central or Commonwealth government and regional or state Commonwealth government and regional or state governments. The Commonwealth Government is governments. The Commonwealth Government is responsible for areas such as defense, employment responsible for areas such as defense, employment and transport. The State governments are responsible and transport. The State governments are responsible for areas such as education, health and energy.for areas such as education, health and energy.

http://australianpolitics.com/constitution/

http://www.comlaw.gov.au/comlaw/comlaw.nsf/440c19285821b109ca256f3a001d59b7/57dea3835d797364ca256f9d0078c087/$FILE/ConstitutionAct.pdf

Family Law Act 1975 (Cwlth)Family Law Act 1975 (Cwlth)http://legislation.gov.au/comlaw/comlaw.nsf/previewlinks?OpenView&Count=9999&RestrictToCategory=LEGISLATIONhttp://www.ag.gov.au/flc

Family Law Reform Act 1995 (Cwlth)Family Law Reform Act 1995 (Cwlth)http://www.weblaw.edu.au/display_page.phtml?WebLaw_Page=Family+Law

Family Law Act 1975 (Cwlth)Family Law Act 1975 (Cwlth)http://legislation.gov.au/comlaw/comlaw.nsf/previewlinks?OpenView&Count=9999&RestrictToCategory=LEGISLATIONhttp://www.ag.gov.au/flc

Family Law Reform Act 1995 (Cwlth)Family Law Reform Act 1995 (Cwlth)http://www.weblaw.edu.au/display_page.phtml?WebLaw_Page=Family+Law

Child Care Act 1972 (Cwlth)Child Care Act 1972 (Cwlth)http://0-www.comlaw.gov.au.prospero.murdoch.edu.au/ComLaw/Legislation/ActCompilation1.nsf/0/51F381DA7B7D73C5CA257203001CAC85/$file/ChildCareAct72.pdf

A New Tax System ( Family Assistance) Act. 1999A New Tax System ( Family Assistance) Act. 1999http://www.comlaw.gov.au/comlaw/Legislation/Act1.nsf/0/BF207F8955ABA279CA25738E0000C5BD/$file/08099.pdf

Child Care Act 1972 (Cwlth)Child Care Act 1972 (Cwlth)http://0-www.comlaw.gov.au.prospero.murdoch.edu.au/ComLaw/Legislation/ActCompilation1.nsf/0/51F381DA7B7D73C5CA257203001CAC85/$file/ChildCareAct72.pdf

A New Tax System ( Family Assistance) Act. 1999A New Tax System ( Family Assistance) Act. 1999http://www.comlaw.gov.au/comlaw/Legislation/Act1.nsf/0/BF207F8955ABA279CA25738E0000C5BD/$file/08099.pdf

Duty of CareDuty of CareDuty of CareDuty of Care

The law regarding duty of care states that a worker The law regarding duty of care states that a worker has an obligation to anyone who might be injured if has an obligation to anyone who might be injured if the worker fails to take reasonable care in a given the worker fails to take reasonable care in a given situation.situation.

The worker must act in accordance with The worker must act in accordance with organisational policy and procedures and within organisational policy and procedures and within relevant State and Federal legislation.relevant State and Federal legislation.

Employers are expected to provide a safe and Employers are expected to provide a safe and healthy workplace and employees are expected to healthy workplace and employees are expected to secure the health and safety of themselves and other secure the health and safety of themselves and other people in the workplace.people in the workplace.

The law regarding duty of care states that a worker The law regarding duty of care states that a worker has an obligation to anyone who might be injured if has an obligation to anyone who might be injured if the worker fails to take reasonable care in a given the worker fails to take reasonable care in a given situation.situation.

The worker must act in accordance with The worker must act in accordance with organisational policy and procedures and within organisational policy and procedures and within relevant State and Federal legislation.relevant State and Federal legislation.

Employers are expected to provide a safe and Employers are expected to provide a safe and healthy workplace and employees are expected to healthy workplace and employees are expected to secure the health and safety of themselves and other secure the health and safety of themselves and other people in the workplace.people in the workplace.

There are four steps in demonstrating negligence There are four steps in demonstrating negligence in relation to duty of care-in relation to duty of care-

A duty of care must be owedA duty of care must be owed It must be determined what is the appropriate It must be determined what is the appropriate

standard of care.standard of care. It must be demonstrated there has been a breach It must be demonstrated there has been a breach

of the duty of careof the duty of care

There are four steps in demonstrating negligence There are four steps in demonstrating negligence in relation to duty of care-in relation to duty of care-

A duty of care must be owedA duty of care must be owed It must be determined what is the appropriate It must be determined what is the appropriate

standard of care.standard of care. It must be demonstrated there has been a breach It must be demonstrated there has been a breach

of the duty of careof the duty of care

Underpinning duty of care is the concept of worker Underpinning duty of care is the concept of worker responsibility. So that a worker can be accountable for responsibility. So that a worker can be accountable for their actions they should be aware of the following-their actions they should be aware of the following-

Duties and responsiblities outlined in the job and person Duties and responsiblities outlined in the job and person specificationsspecifications

Duty of care obligationsDuty of care obligations Professional obligations outlined in relevant codes of Professional obligations outlined in relevant codes of

practicepractice Relevant organisational agreements or charters of practiceRelevant organisational agreements or charters of practice Relevant professional chartersRelevant professional charters Any other obligations outlined in organisational policies Any other obligations outlined in organisational policies

and proceduresand procedures

Underpinning duty of care is the concept of worker Underpinning duty of care is the concept of worker responsibility. So that a worker can be accountable for responsibility. So that a worker can be accountable for their actions they should be aware of the following-their actions they should be aware of the following-

Duties and responsiblities outlined in the job and person Duties and responsiblities outlined in the job and person specificationsspecifications

Duty of care obligationsDuty of care obligations Professional obligations outlined in relevant codes of Professional obligations outlined in relevant codes of

practicepractice Relevant organisational agreements or charters of practiceRelevant organisational agreements or charters of practice Relevant professional chartersRelevant professional charters Any other obligations outlined in organisational policies Any other obligations outlined in organisational policies

and proceduresand procedures

ConfidentialityConfidentialityConfidentialityConfidentiality

The concept of confidentiality is based on a The concept of confidentiality is based on a foundation of respect for the client and their foundation of respect for the client and their autonomyautonomy

The practice of confidentiality ensures that personal The practice of confidentiality ensures that personal information is not disclosed without the permission information is not disclosed without the permission of the client with the exception of the following of the client with the exception of the following situationssituations

In the interest of public safetyIn the interest of public safety If a client’s safety or health is in dangerIf a client’s safety or health is in danger Giving evidence in courtGiving evidence in court A statute requiring a doctor to release information A statute requiring a doctor to release information

to a health authorityto a health authority

The concept of confidentiality is based on a The concept of confidentiality is based on a foundation of respect for the client and their foundation of respect for the client and their autonomyautonomy

The practice of confidentiality ensures that personal The practice of confidentiality ensures that personal information is not disclosed without the permission information is not disclosed without the permission of the client with the exception of the following of the client with the exception of the following situationssituations

In the interest of public safetyIn the interest of public safety If a client’s safety or health is in dangerIf a client’s safety or health is in danger Giving evidence in courtGiving evidence in court A statute requiring a doctor to release information A statute requiring a doctor to release information

to a health authorityto a health authority


After viewing the After viewing the VIDEO VIDEO ((scenario scenario oneone)identifying breaches in )identifying breaches in confidentiality and comment on the confidentiality and comment on the correct procedures. correct procedures.

VIDEO WEB LINKhttp://www.archive.org/details/Confidentiality_700 YOU ARE REQUIRED TO POST

YOUR DISCUSSION ON THE FORUM

After viewing the After viewing the VIDEO VIDEO ((scenario scenario oneone)identifying breaches in )identifying breaches in confidentiality and comment on the confidentiality and comment on the correct procedures. correct procedures.

VIDEO WEB LINKhttp://www.archive.org/details/Confidentiality_700 YOU ARE REQUIRED TO POST

YOUR DISCUSSION ON THE FORUM 18

PrivacyPrivacyPrivacyPrivacy

Privacy refers to the right of the individual to keep his or Privacy refers to the right of the individual to keep his or her life free from unwanted interference or public her life free from unwanted interference or public scrutiny.scrutiny.

The principles of the International Covenant on Civil and The principles of the International Covenant on Civil and Political Rights and the Organisation for Economic Political Rights and the Organisation for Economic Cooperation and Development guidelines on the Cooperation and Development guidelines on the Protection of Privacy and Flows of Personal Data are Protection of Privacy and Flows of Personal Data are

embedded in The Privacy Act 1988 (Cwlthembedded in The Privacy Act 1988 (Cwlth). ). http://www.comlaw.gov.au/ComLaw/Legislation/ActCompilation1.nsf/0/D3C265274169345ACA25736E001DB439/$file/Privacy1988_WD02HYP.pdf

Privacy refers to the right of the individual to keep his or Privacy refers to the right of the individual to keep his or her life free from unwanted interference or public her life free from unwanted interference or public scrutiny.scrutiny.

The principles of the International Covenant on Civil and The principles of the International Covenant on Civil and Political Rights and the Organisation for Economic Political Rights and the Organisation for Economic Cooperation and Development guidelines on the Cooperation and Development guidelines on the Protection of Privacy and Flows of Personal Data are Protection of Privacy and Flows of Personal Data are

embedded in The Privacy Act 1988 (Cwlthembedded in The Privacy Act 1988 (Cwlth). ). http://www.comlaw.gov.au/ComLaw/Legislation/ActCompilation1.nsf/0/D3C265274169345ACA25736E001DB439/$file/Privacy1988_WD02HYP.pdf

Follow the organisation’s policies Follow the organisation’s policies and practicesand practices

Follow the organisation’s policies Follow the organisation’s policies and practicesand practices

Policies, standards and procedures are specific Policies, standards and procedures are specific guidelines that explain the workers responsibilities in guidelines that explain the workers responsibilities in the workplace. Standards are set within the the workplace. Standards are set within the community services and health industries whilst community services and health industries whilst policies are written to uphold a standard. These policies are written to uphold a standard. These policy documents outline a consistent framework for policy documents outline a consistent framework for action. Procedures are the actions to be implemented action. Procedures are the actions to be implemented by the worker so that the policy or standard is by the worker so that the policy or standard is adhered to. adhered to.

Policies, standards and procedures are needed in Policies, standards and procedures are needed in industry to allow for consistency, efficiency, safety, industry to allow for consistency, efficiency, safety, accreditation and confidentiality in service delivery. accreditation and confidentiality in service delivery.

Policies, standards and procedures are specific Policies, standards and procedures are specific guidelines that explain the workers responsibilities in guidelines that explain the workers responsibilities in the workplace. Standards are set within the the workplace. Standards are set within the community services and health industries whilst community services and health industries whilst policies are written to uphold a standard. These policies are written to uphold a standard. These policy documents outline a consistent framework for policy documents outline a consistent framework for action. Procedures are the actions to be implemented action. Procedures are the actions to be implemented by the worker so that the policy or standard is by the worker so that the policy or standard is adhered to. adhered to.

Policies, standards and procedures are needed in Policies, standards and procedures are needed in industry to allow for consistency, efficiency, safety, industry to allow for consistency, efficiency, safety, accreditation and confidentiality in service delivery. accreditation and confidentiality in service delivery.

Work EthicallyWork EthicallyWork EthicallyWork Ethically

Ethics are the moral principles by which human Ethics are the moral principles by which human actions may be judged as good or bad, right or actions may be judged as good or bad, right or wrong.wrong.

A code of ethics is a statement about practice based A code of ethics is a statement about practice based on core values or the beliefs of the person or the on core values or the beliefs of the person or the organisation. organisation.

The Universal Declaration of Human Rights will The Universal Declaration of Human Rights will underpin all Codes of Ethicsunderpin all Codes of Ethics

Link to Australian Association of Social Worker’s Link to Australian Association of Social Worker’s Code of Ethics.Code of Ethics.

http://www.aasw.asn.au/about/ethics.htm

Ethics are the moral principles by which human Ethics are the moral principles by which human actions may be judged as good or bad, right or actions may be judged as good or bad, right or wrong.wrong.

A code of ethics is a statement about practice based A code of ethics is a statement about practice based on core values or the beliefs of the person or the on core values or the beliefs of the person or the organisation. organisation.

The Universal Declaration of Human Rights will The Universal Declaration of Human Rights will underpin all Codes of Ethicsunderpin all Codes of Ethics

Link to Australian Association of Social Worker’s Link to Australian Association of Social Worker’s Code of Ethics.Code of Ethics.

http://www.aasw.asn.au/about/ethics.htm


At this stage you should have reviewed At this stage you should have reviewed the Australian Association of Social the Australian Association of Social Worker’s Code of EthicsWorker’s Code of Ethics

You will find You will find QUESTIONS QUESTIONS at the Front at the Front Desk of Bower Place AND on Moodle, Desk of Bower Place AND on Moodle, please choose one to answer.please choose one to answer.

YOU ARE REQUIRED TO POST YOUR RESPONSE ON THE FORUM

At this stage you should have reviewed At this stage you should have reviewed the Australian Association of Social the Australian Association of Social Worker’s Code of EthicsWorker’s Code of Ethics

You will find You will find QUESTIONS QUESTIONS at the Front at the Front Desk of Bower Place AND on Moodle, Desk of Bower Place AND on Moodle, please choose one to answer.please choose one to answer.

YOU ARE REQUIRED TO POST YOUR RESPONSE ON THE FORUM

22

Ethics and MoralsEthics and MoralsEthics and MoralsEthics and Morals

Ethics and morals- Morals are associated with personal Ethics and morals- Morals are associated with personal conduct whereas ethics are associated to the conduct whereas ethics are associated to the principles adhered to by organisations to regulate the principles adhered to by organisations to regulate the behavior of their members.behavior of their members.

Ethical conduct –refers to behavior that meets both Ethical conduct –refers to behavior that meets both moral and legal obligations to the clients and co moral and legal obligations to the clients and co workers.workers.

http://www.anmc.org.au/docs/ANMC_Code_of_Ethics.pdf

Ethics and morals- Morals are associated with personal Ethics and morals- Morals are associated with personal conduct whereas ethics are associated to the conduct whereas ethics are associated to the principles adhered to by organisations to regulate the principles adhered to by organisations to regulate the behavior of their members.behavior of their members.

Ethical conduct –refers to behavior that meets both Ethical conduct –refers to behavior that meets both moral and legal obligations to the clients and co moral and legal obligations to the clients and co workers.workers.

http://www.anmc.org.au/docs/ANMC_Code_of_Ethics.pdf

QUESTION? / ACTIVITYQUESTION? / ACTIVITY

Open Open EACHEACH hyperlinks and review each Ethical hyperlinks and review each Ethical DilemmaDilemma

QUESTION? / ACTIVITYQUESTION? / ACTIVITY

Open Open EACHEACH hyperlinks and review each Ethical hyperlinks and review each Ethical DilemmaDilemma

http://www.ethics.org.au/about-ethics/ethical-dilemmas/dilemma-06-11.html



http://www.ethics.org.au/about-ethics/ethical- dilemmas/dilemma-04-05.html

YOU ARE REQUIRED TO POST YOUR DISCUSSION OF EACH DILEMMA ON THE FORUM




http://www.ethics.org.au/about-ethics/ethical- dilemmas/dilemma-04-05.html

YOU ARE REQUIRED TO POST YOUR DISCUSSION OF EACH DILEMMA ON THE FORUM

24

Respecting DifferenceRespecting DifferenceRespecting DifferenceRespecting Difference

Respecting difference – respectful worker/client Respecting difference – respectful worker/client relationships requires a recognition and relationships requires a recognition and acknowledgement of individual difference and diversity.acknowledgement of individual difference and diversity.

Accommodating individual and cultural difference- the Accommodating individual and cultural difference- the worker’s current framework for perceiving the world worker’s current framework for perceiving the world may be challenged as skills are developed to allow an may be challenged as skills are developed to allow an acceptance of diversity acceptance of diversity

Upholding rights and responsibilities in the face of Upholding rights and responsibilities in the face of difference- organisations need to have strategies in difference- organisations need to have strategies in place for accepting and accommodating difference so place for accepting and accommodating difference so that there is consistency in service delivery.that there is consistency in service delivery.

Respecting difference – respectful worker/client Respecting difference – respectful worker/client relationships requires a recognition and relationships requires a recognition and acknowledgement of individual difference and diversity.acknowledgement of individual difference and diversity.

Accommodating individual and cultural difference- the Accommodating individual and cultural difference- the worker’s current framework for perceiving the world worker’s current framework for perceiving the world may be challenged as skills are developed to allow an may be challenged as skills are developed to allow an acceptance of diversity acceptance of diversity

Upholding rights and responsibilities in the face of Upholding rights and responsibilities in the face of difference- organisations need to have strategies in difference- organisations need to have strategies in place for accepting and accommodating difference so place for accepting and accommodating difference so that there is consistency in service delivery.that there is consistency in service delivery.

Recognise and respond when the Recognise and respond when the clients rights are not being protectedclients rights are not being protected

Recognise and respond when the Recognise and respond when the clients rights are not being protectedclients rights are not being protected

One of the roles of first point of contact is to explain One of the roles of first point of contact is to explain clients rights. The organisation’s guidelines will clients rights. The organisation’s guidelines will determine the method used.determine the method used.

Clients rights are based on the concept of social Clients rights are based on the concept of social justice.justice.

One of the roles of first point of contact is to explain One of the roles of first point of contact is to explain clients rights. The organisation’s guidelines will clients rights. The organisation’s guidelines will determine the method used.determine the method used.

Clients rights are based on the concept of social Clients rights are based on the concept of social justice.justice.

Equity LegislationEquity LegislationEquity LegislationEquity Legislation

Examples of ‘equity’ legislation are:Examples of ‘equity’ legislation are:

Disability Discrimination Act 1992Disability Discrimination Act 1992http://www.hreoc.gov.au/disability_rights/index.htmlhttp://www.hreoc.gov.au/disability_rights/index.html

Equal Opportunity Act 1995Equal Opportunity Act 1995http://www.eduweb.vic.gov.au/hrweb/divequity/eeo/eeoact.htmhttp://www.eduweb.vic.gov.au/hrweb/divequity/eeo/eeoact.htm

Examples of ‘equity’ legislation are:Examples of ‘equity’ legislation are:

Disability Discrimination Act 1992Disability Discrimination Act 1992http://www.hreoc.gov.au/disability_rights/index.htmlhttp://www.hreoc.gov.au/disability_rights/index.html

Equal Opportunity Act 1995Equal Opportunity Act 1995http://www.eduweb.vic.gov.au/hrweb/divequity/eeo/eeoact.htmhttp://www.eduweb.vic.gov.au/hrweb/divequity/eeo/eeoact.htm

Equity LegislationEquity LegislationEquity LegislationEquity Legislation

Aboriginal and Torres Strait Islander Heritage Aboriginal and Torres Strait Islander Heritage Act 1984Act 1984

Aboriginal Heritage Act 1988Aboriginal Heritage Act 1988

http://www.dia.wa.gov.au/Heritage--Culture/Heritage-management/http://www.dia.wa.gov.au/Heritage--Culture/Heritage-management/Aboriginal-Heritage-Act--other-legislation/Aboriginal-Heritage-Act--other-legislation/

Aboriginal and Torres Strait Islander Heritage Aboriginal and Torres Strait Islander Heritage Act 1984Act 1984

Aboriginal Heritage Act 1988Aboriginal Heritage Act 1988

http://www.dia.wa.gov.au/Heritage--Culture/Heritage-management/http://www.dia.wa.gov.au/Heritage--Culture/Heritage-management/Aboriginal-Heritage-Act--other-legislation/Aboriginal-Heritage-Act--other-legislation/

Worker’s ResponsibilityWorker’s ResponsibilityWorker’s ResponsibilityWorker’s Responsibility

The worker’s responsibility in relation to the client’s The worker’s responsibility in relation to the client’s rights includerights include

Identifying the client’s issues and providing relevant Identifying the client’s issues and providing relevant informationinformation

Researching all possibilities of support and making Researching all possibilities of support and making referrals when appropriate to other agencies.referrals when appropriate to other agencies.

Providing regular meetings in a safe environment to Providing regular meetings in a safe environment to discuss issues relevant to planning and goal setting discuss issues relevant to planning and goal setting so that the outlined objectives will be attainedso that the outlined objectives will be attained

The worker’s responsibility in relation to the client’s The worker’s responsibility in relation to the client’s rights includerights include

Identifying the client’s issues and providing relevant Identifying the client’s issues and providing relevant informationinformation

Researching all possibilities of support and making Researching all possibilities of support and making referrals when appropriate to other agencies.referrals when appropriate to other agencies.

Providing regular meetings in a safe environment to Providing regular meetings in a safe environment to discuss issues relevant to planning and goal setting discuss issues relevant to planning and goal setting so that the outlined objectives will be attainedso that the outlined objectives will be attained


Identify Identify twotwo areas of Anglicare worker’s areas of Anglicare worker’s responsibilities in relation to clients’ responsibilities in relation to clients’ rights.rights.


Identify Identify twotwo areas of Anglicare worker’s areas of Anglicare worker’s responsibilities in relation to clients’ responsibilities in relation to clients’ rights.rights.


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Organisation’s ResponsibilityOrganisation’s ResponsibilityOrganisation’s ResponsibilityOrganisation’s Responsibility

The organisation’s responsibility in relation to the The organisation’s responsibility in relation to the client’s rights include client’s rights include

Provide clear information regarding service policy, Provide clear information regarding service policy, available resources and access to information available resources and access to information regarding other servicesregarding other services

Provide formal documentation processes for Provide formal documentation processes for planning and monitoringplanning and monitoring

Act in a coordinating role in the case management Act in a coordinating role in the case management processprocess

Provide information regarding legal rights and Provide information regarding legal rights and obligations.obligations.

The organisation’s responsibility in relation to the The organisation’s responsibility in relation to the client’s rights include client’s rights include

Provide clear information regarding service policy, Provide clear information regarding service policy, available resources and access to information available resources and access to information regarding other servicesregarding other services

Provide formal documentation processes for Provide formal documentation processes for planning and monitoringplanning and monitoring

Act in a coordinating role in the case management Act in a coordinating role in the case management processprocess

Provide information regarding legal rights and Provide information regarding legal rights and obligations.obligations.

Complaints ProceduresComplaints ProceduresComplaints ProceduresComplaints Procedures

Complaints procedures are a formal mechanism for Complaints procedures are a formal mechanism for addressing issues about unfair or unprofessional addressing issues about unfair or unprofessional treatment, failure to comply with agreed procedures treatment, failure to comply with agreed procedures of standards of behaviour.of standards of behaviour.

Clients should be made aware of their right to Clients should be made aware of their right to complain and be made aware of the formal complain and be made aware of the formal processes in place within the agency.processes in place within the agency.

Complaints procedures are a formal mechanism for Complaints procedures are a formal mechanism for addressing issues about unfair or unprofessional addressing issues about unfair or unprofessional treatment, failure to comply with agreed procedures treatment, failure to comply with agreed procedures of standards of behaviour.of standards of behaviour.

Clients should be made aware of their right to Clients should be made aware of their right to complain and be made aware of the formal complain and be made aware of the formal processes in place within the agency.processes in place within the agency.


Comment on different / similarities Comment on different / similarities between Anglicare and Bower Places’ between Anglicare and Bower Places’ Grievance Procedures.Grievance Procedures.


Comment on different / similarities Comment on different / similarities between Anglicare and Bower Places’ between Anglicare and Bower Places’ Grievance Procedures.Grievance Procedures.


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Refer again to the VIDEO (Scenario 2), research Refer again to the VIDEO (Scenario 2), research and review areas that relate to Duty of Care and and review areas that relate to Duty of Care and Advocacy.Advocacy.

VIDEO WEB LINK

http://www.archive.org/details/Confidentiality_700


Refer again to the VIDEO (Scenario 2), research Refer again to the VIDEO (Scenario 2), research and review areas that relate to Duty of Care and and review areas that relate to Duty of Care and Advocacy.Advocacy.

VIDEO WEB LINK

http://www.archive.org/details/Confidentiality_700


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GuardianshipGuardianshipGuardianshipGuardianship

The concept of guardianship can be defined The concept of guardianship can be defined as the appointing of a person whose duty it is as the appointing of a person whose duty it is to make decisions within specified areas for to make decisions within specified areas for another person who is deemed unsuitable to another person who is deemed unsuitable to make their own decisions. Guardianship make their own decisions. Guardianship differs from advocacy as the guardian makes differs from advocacy as the guardian makes the decisions on behalf of another person.the decisions on behalf of another person.

The concept of guardianship can be defined The concept of guardianship can be defined as the appointing of a person whose duty it is as the appointing of a person whose duty it is to make decisions within specified areas for to make decisions within specified areas for another person who is deemed unsuitable to another person who is deemed unsuitable to make their own decisions. Guardianship make their own decisions. Guardianship differs from advocacy as the guardian makes differs from advocacy as the guardian makes the decisions on behalf of another person.the decisions on behalf of another person.

All legal/statutory obligations within the All legal/statutory obligations within the workplace can be placed within this legal workplace can be placed within this legal frameworkframework

All legal/statutory obligations within the All legal/statutory obligations within the workplace can be placed within this legal workplace can be placed within this legal frameworkframework

ADDITIONAL RESOURCESADDITIONAL RESOURCESADDITIONAL RESOURCESADDITIONAL RESOURCESAustralian Nursing and Midwifery Council 2002, Code of Ethics for Nurses in Australian Nursing and Midwifery Council 2002, Code of Ethics for Nurses in

Australia, ANMC, Dickson, ACT. Available from Australia, ANMC, Dickson, ACT. Available from http://www.anmc.org.au/docs/ANMC_Code_of_Ethics.pdfhttp://www.anmc.org.au/docs/ANMC_Code_of_Ethics.pdf

Australian Nursing and Midwifery Council 2003, Code of Professional conduct Australian Nursing and Midwifery Council 2003, Code of Professional conduct for Nurses in Australia, ANMC, Dickson, ACT. Available from for Nurses in Australia, ANMC, Dickson, ACT. Available from http://www.anmc.org.au/docs/Publications/ANMC%20Professionalhttp://www.anmc.org.au/docs/Publications/ANMC%20Professional%20Conduct.pdf%20Conduct.pdf

Australasian Legal Information Institutehttp://www.austlii.edu.au

Supreme Court of South Australia http://www.austlii.edu.au/au/cases/sa/SASC/

http://www.courts.sa.gov.au/courts/coroner

http://www.anmc.org.au/

Australian Nursing and Midwifery Council 2002, Code of Ethics for Nurses in Australian Nursing and Midwifery Council 2002, Code of Ethics for Nurses in Australia, ANMC, Dickson, ACT. Available from Australia, ANMC, Dickson, ACT. Available from http://www.anmc.org.au/docs/ANMC_Code_of_Ethics.pdfhttp://www.anmc.org.au/docs/ANMC_Code_of_Ethics.pdf

Australian Nursing and Midwifery Council 2003, Code of Professional conduct Australian Nursing and Midwifery Council 2003, Code of Professional conduct for Nurses in Australia, ANMC, Dickson, ACT. Available from for Nurses in Australia, ANMC, Dickson, ACT. Available from http://www.anmc.org.au/docs/Publications/ANMC%20Professionalhttp://www.anmc.org.au/docs/Publications/ANMC%20Professional%20Conduct.pdf%20Conduct.pdf

Australasian Legal Information Institutehttp://www.austlii.edu.au

Supreme Court of South Australia http://www.austlii.edu.au/au/cases/sa/SASC/

http://www.courts.sa.gov.au/courts/coroner

http://www.anmc.org.au/

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THE ENDTHE ENDTHE ENDTHE END

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Work Within A Legal And Ethical Framewok

Education

Transcript of Work Within A Legal And Ethical Framewok