Legislation or legal and ethical considerations that specifically relates to the work of carers in the community services and health context
Select the correct definition provided under legislation or legal and ethical considerations that specifically relates to the work of carers in the community services and health context in the following settings:
· Every column is labelled alphabetically.
· put correct answer in the space provided.
Setting (Community services and health context)
Legislation/ legal and ethical consideration
1.1-Children in the workplace
As set out in the Fair Work Act 2009 and other workplace legislation, the key elements of our workplace relations framework are:
A safety net of minimum terms and conditions of employment.
A system of enterprise-level collective bargaining underpinned by bargaining obligations and rules governing industrial action.
Provision for individual flexibility arrangements as a way to allow an individual worker and an employer to make flexible work arrangements that meet their genuine needs, provided that the employee is better off overall.
Protections against unfair or unlawful termination of employment.
Protection of the freedom of both employers and employees to choose whether or not to be represented by a third party in workplace matters and the provision of rules governing the rights and responsibilities of employer and employee representatives.
1.2-Codes of conduct
Some examples are following all lawful employer safety and health rules and regulations and wearing or using required protective equipment while working.
Reporting hazardous conditions to the employer.
Reporting any job-related injury or illness to the employer and seeking treatment promptly.
1.3-Codes of practice
Community and disability services workers regularly work with sensitive information that is communicated in confidence.
Confidentiality is a fundamental component of service provision.
It safeguards client privacy and promotes trust between clients and service providers.
It is a logical structure that is established to organize policy documentation into groupings and categories that make it easier for employees to find and understand the contents of various policy documents.
1.5-Continuing professional education
Boundaries are an integral part of the practitioner-client relationship. They represent invisible structures imposed by legal, ethical, and professional standards of care that respect the rights of practitioner and clients.
Any basic right or freedom to which all human beings are entitled and in whose exercise a government may not interfere (including rights to life and liberty as well as freedom of thought and expression and equality before the law)
1.7-Dignity of risk
A moral or legal obligation to ensure the safety or well-being of others.
1.8-Duty of care
It refers to means respecting everyone’s autonomy and self-determination (or “dignity”) to make choices for himself or herself.
It is defined as a well-structured program of further education for staff in professional occupations. It is abbreviated as “CPE”.
The main aim of the CPE is ensuring staff in the industry remain up to date with current industry requirements.
The system by which a company deals with clients/ staff’ complaints.
A set of conventional principles and expectations that are considered binding on any person who is a member of an organisation. This is also known as “code of behaviour”.
Workplace safety and health planning should address situations where children may:
Be part of the work activity as customers, patients or students;
Be visiting or accompanying their parents; and/olive at a workplace that is also their home, eg farms and some shops.
Where relevant, consider also the risks to children in situations where they stray into a workplace or go there to play.
It set out industry standards of conduct of operating an organisation. They are guidelines for fair dealing between you and your clients, and let your clients know what your organisation agrees to do when dealing with them.
You must adopt an industry specific code (in some cases this is mandatory). Usually, these are established through consultation with industry representatives and the community. They can be mandatory or voluntary
Mandatory codes provide a minimum standard of protection to the consumers. They are prescribed as regulations under fair trading laws and can be enforced.
Voluntary codes are a form of industry self-regulation. They can be sponsored by an industry association or can be in partnership with a government agency (membership of an industry association is often a condition of the code).
Voluntary industry codes are usually flexible and can be altered quickly in response to changing industry/consumer needs.
1.14-Privacy, confidentiality and disclosure
Unfair treatment of a person or group on the basis of prejudice
Permission granted in full knowledge of the possible consequences, typically that which is given by a patient to a doctor for treatment with knowledge of the possible risks and benefits.
It is a term used to describe the legislative requirement imposed on selected classes of people to report suspected cases of abuse and neglect to government authorities.
1.17-Rights and responsibilities of workers, employers and clients
A set of guidelines for providing high-quality care and criteria for evaluating care. Such guidelines help assure clients that they are receiving high-quality care. The standards are important if a legal dispute arises over the quality of care provided a patient. These are also called “standards for practice”
1.18-Industrial relations legislation relevant to employment conditions of role
It is also known as records and information management, is an organizational function devoted to the management of information in an organization throughout its life cycle, from the time of creation or inscription to its eventual disposition. This includes identifying, classifying, storing, securing, retrieving, tracking and destroying or permanently preserving records
1.19-Specific legislation in the area of work – objectives and key components
Framework that decides where responsibilities and limitations happen as according to the work-role.
1.20-Work role boundaries – responsibilities and limitations
Examples of some legislation on work included:
Mental Health Act 1986
Children, Young and Families Act 2005 (Victoria)
Police Powers and Responsibilities Act, 2000
List the three (3) responsibilities of the workplace health safety(WHS) officer?
Q2;Is it necessary for the organisation to apply for renewal of accreditation once the accreditation period expires? Yes/ no explain
Name four (4) accreditation Standards for National Aged Care Quality Regulatory Processes?
List the number of expected outcomes across the four accreditation standards for residential aged care services.
Who are the three (3) commonwealth entities which have responsibilities under the Aged Care Act 1997 to support the delivery of high quality aged care services?
List the five (5) steps for management of identified risk for personal safety at workplace?
Sam is working as personal care worker in aged care facility. Her team leader has asked her to do a task which is not under her scope of practice?
Do you think Sam should follow her team leader orders? Yes/No
What action/s Sam should take.
List the five (5) basic requirement related to documentation at aged care services?
List any five (5) situations where you can seek legal advice.
Describe Australian Standard AS 3806:2006 Compliance Programs.
List any four (4) legislation applicable in the aged care/disability care setting.
Explain any four (4) circumstances where sharing information with peers and colleagues is useful at the workplace?
Part C- True or False Statements
1. t is mandatory for the personal care workers to pro-actively engage in process of review and improvement of policy and protocols of an organisation.
2. Children can visit and live in the facility without any approval from management authority
3. Discrimination at workplace is prohibited by the privacy principles.
4. The Universal Declaration of Human Rights (UDHR) was adopted by the United Nations General Assembly at its 3rd session on 10 December 1948 at the Palais de Chaillot in Paris, France.
5. It is imperative for the personal care worker to acknowledge the relationships between human needs and rights
6. You should also be aware of the ethical frameworks, approaches and instruments that apply to your organisation in the different states of Australia.
7. If the non-compliance is not addressed by the provider within the given time framework, the department may impose sanctions.
8. Your organisation may not have policies and procedures relating to licences and associated mandatory training and certification requirements.
9. Some of the common risks identified in the aged care industry may involve the following:
Work Cover / Worker Compensation.
10. The language should never be adjusted in the policy framework
11. Internal and external service delivery may include sharing the information about potential non-compliance through other sources, including:
Within the Department
Health complaints bodies
Consumer advocacy groups
Direct contact with aged care providers
Letters to Members of Parliament and the Department.
12. All organisational policies must follow a standard format to ensure consistency between policies.
13. Policy should include the following sections:
14. The development of a common risk profile is not a technique for monitoring compliance.
15. Breach of code of conduct do not result in the termination of job contract.
Case study 1: Chris Brown
Chris is a new personal support worker who has recently joined the Rose dale facility. Chris is new to the aged care sector. Chris has attended the induction training for two days. Chris still feels he needs to have one more day to go through the policies and procedures of the organisation. He has doubts, and questions related to the privacy and confidentiality policy of the organisation.
Read the case study and answer the following questions:
1. As per given case scenario do you think Chris has right to request for an extra day of training?
2. Explain at least two (2) responsibilities of each of the following team members in terms of maintaining documentation throughout the organisation?
Chief executive Officer
Facility/ service Managers
Health Care Personnel’s
3. As per given case scenario do you think Chris has confidence to maintain the confidentiality and privacycy of all residents?
4. List any five (5) ways of maintaining confidentiality and disclosure of client’s records?
5. List any three (3) examples of maintaining privacy and dignity of the client when providing personal care support?
Case study 2: Sarah Walker
Sarah is a personal care worker who works in the Rosedale facility. She has recently been ill-mannered, reluctant and unapologetic in her behavior especially dealing with the residents. She has received final warning from the clinical care manager during her performance appraisal. Her supervisor has received two serious complaints about her behavior. First complaint was lodged by the family of a resident where she used some abusive language and second complaint was about her habit of smoking in the restricted area of aged care facility. This is a policy requirement that staff with three warnings should be terminated from the facility.
Read the case study and answer the following questions:
1. Identify two (2) main risks associated with code of conduct in the case study scenario.
2. Explain at least one (1) consequence or penalty that may apply based upon the above case study scenario.
3. Do you believe that Sarah Walker’s behavior and conduct should be monitored on regular basis?
4. List any two (2) strategies that you may use to monitor Sarah’s behaviour and conduct at the workplace?
5. Explain how Sara’s behaviour is breach of organisation’s code of conduct and practice standards? Support your answer
Case study 3: Mr. Green Johnson
Mr. Green is a 57-year-old male with aggressive prostate cancer, who lives in the Rosedale aged care facility. Mr. Green was diagnosed with prostate cancer seven years ago but refused medical and surgical treatment at the time. He chose to seek alternative treatment and did not follow up with the urologist over that seven-year period.
Mr. Green has now severe anemia and hypoproteinemia related to the cancer. After several diagnostic tests over a period it was discovered that the cancer had metastasized to his bones, it had spread locally to his lymph nodes and the primary tumor was invading the bladder and partially obstructing the left kidney.
Mr. Green had several admissions over a two-month period for various reasons to the hospital. On the last admission Mr. Green was told that he may only have 4-6 weeks (previously it was 6-12 months) to live after a cystoscopy showed further extensive growth of the tumor, it was determined that any further surgical/medical intervention would not be appropriate in this case and that a palliative care regimen was the next step.
At this point the Mr. Green took a decision and came back to facility and reported in one of his admissions to the health care team that he had resigned himself to the fact that he was going to die. Mr. Green pulled one of the personal care worker (PCA) aside and confided to the PCA that he planned to kill himself and that is was a secret that the PCA was not to tell anyone. The information was not passed on to the nurse and immediate manager. The next day Mr. Green was found hanging in the resident care facility. Resident’s family notified about resident death.
The day after the incident, PCA reported the incident to his supervisor and mentioned, the information he kept was to maintain the privacy and confidentiality of the resident according to the policy framework.
Personal and health information can be disclosed for a purpose other than for which it was collected and without the person’s consent when the disclosure is:
necessary to lessen or prevent a threat to life, health or safety
required, authorized or permitted by law or for law enforcement purposes
used for research or compilation of statistics in the public interest, in certain limited circumstances.
Read the case study and answer the following questions:
1. What was the mandatory reporting requirement based upon the above scenario?
2. List at least three (3) indications under which the privacy and confidential information can be disclosed without person’s consent.
3. Did the personal care worker took the right decision to maintain the privacy and confidentiality of the resident? Yes/No
4. List two (2) actions personal care worker would have taken to avoid the incident?
5. Explain any two (2) strategies that can be implemented to support the staff to handle similar real-life situations.
6. fill the incident report template based upon the following “Incident reporting policy and procedure”
Rosedale Facility Incident Reporting Policy.
Policy: Incident Reporting
The purpose of this policy is to maintain the incident reporting documentation and comply with the applicable legislation and regulations.
Incident reporting is the documentation of incidents whether clinical or non-clinical that occur within the routine operation of the organisation. Incidents are “unplanned events or situations that result in or have the potential for injury, ill health, damage or other loss”.
All incidents that occur within the organisation’s routine operations should be recorded and reported. Incidents include: falls; medication errors; communication issues; damage to property and vehicles; hazards/near misses; security breaches and occupational exposures.
These incidents can involve staff, students, medical officers, patients, contractors, clients, residents, volunteers, relatives and visitors.
What incidents are covered by the incident reporting system?
1. All Clinical Issues – e.g.
1.2. Diagnostic issue
1.4. Flagged case
1.5. Medication error
1.6. Pressure ulcer
1.7. Treatment issue
2. All Non-Clinical Issues – e.g.
2.2. Hazard identified
2.3. Injury to staff member of contractor (including needle stick injury / blood and
body fluid exposure)
2.4. Injury to student or visitor
2.5. Professional misconduct
2.6. Property Issue
2.7. Security Issue
2.8. Vehicle accident
Incidents can be reported by the following:
3. community members
Incidents can only be entered into organisation’s database by staff members. Staff can enter incidents on behalf of others without access however.
All incidents within the routine operation of the organisation are reported, appropriate actions are taken, mandatory reportable incidents are reported to the appropriate bodies and investigations are carried out to reduce and prevent their reoccurrence.
Instructions for filling incident Reports
Use Rosedale aged care facility (hypothetical name) organization format.
Pay attention to the guidelines in the incident reporting policy.
Provide the basic facts.
Include a line about the general nature of the incident.
Describing What Happened
Record the first-person narrative telling what happened.
Double check the basic facts.
Edit and proofread your report
Submit your incident report
Incident Report form
Incident Reference No:
Personal Details (of the injured): First Name Surname:
Address: DOB Resident:
The incident resulted in: Injury □ Accident □ Damage to environment/ property □
Near miss □ first aid □ Medical treatment □ Death □
Place of the incident:
Name of the person reporting
Full details of the incident
Description of the injuries:
Was first aid or further treatment required?
Yes □ No □
Was the injured person required hospitalization
Yes □ No □
NOK notified of the incident
Yes □ No □
Were there any witness
Yes □ No □
Follow up Plan
Yes □ No □
In this task, it is required to participate and develop the following policy and procedure:
Privacy and management of client records policy
A Policy template is attached to complete this task.
If you are working in the sector:
refer to workplace policy if they are already on work placement or already working.
If you are not working in the sector:
access to the internet for conducting online research to complete this policy if they are not working in the sector.
Template: Privacy and management of client records policy
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