CHCCS400C & CHCCS411C Work within a legal and ethical framework & Work effectively in the community sector

Learning Outcomes Describe the interconnection of the legislative framework Define duty of care and describe the consequences of breaching duty of care Describe the 4 D’s of negligence Explain the difference between rights and responsibilities Describe environmental, economic, workforce and social sustainability Explain what is meant by working ethically Define and apply key legal practice concepts

Legislative Framework Principle Laws – Acts Statutory Requirements – Regulations Supporting Guidelines – Codes of Practice and Standards From this framework we are then able to develop our organisational policies and procedures.

Legislation that Supports Peoples Rights Anti – Discrimination Act (NSW) Crimes Act 1900 WHS Act (NSW) 2011 Workers compensation act 1987 Privacy and personal Information Act 1998 Freedom of information act 1989 Child Protection Act 1998 Guardianship Act 1987

National Disability Standards Standard 1: Rights – You have the right to be treated fairly when you use disability services. Standard 2: Participation and Inclusion – You can take part in the community and feel included when you use disability services. Standard 3: Individual Outcomes – Your service supports you to make choices about what you want to do. You can work toward your goals. Standard 4: Feedback and Complaints – You can tell people what you think about the services you receive. Standard 5: Service Access – Finding and using services is fair. You can access the services you need. Standard 6: Service Management – Disability services should be managed well.

Community Care Common Standards There are three standards: – Effective Management –Appropriate Access and Service Delivery –Service User Rights and Responsibilities. There are 18 expected outcomes: 8 management outcomes, 5 service delivery outcomes and 5 service user rights outcomes

National Standards for Mental Health Services Standard 1 – Rights Standard 2 – Safety Standard 3 – Client & carer participation Standard 4 – Promoting community acceptance Standard 5 – Privacy and confidentiality Standard 6 – Prevention and mental health promotion Standard 7 - Cultural awareness Standard 8 – Service Integration Standard 9 – Service development Standard 10 – Documentation Standard 11 – Delivery of care

Residential Standards Standard 1 – Management systems, staffing and organisational development. Standard 2 – Health and personal care Standard 3 – Resident lifestyle Standard 4 – Physical environment and safe Systems Services must:- provide high quality of personal care; have a safe building and be committed to protecting their residents rights

Policies and Procedures Policy is imposed from the outside by legislation or administrative bodies. Policy which originates within the organisation is influenced by outside policy Areas covered (but not limited to): Human Resources, WHS, Service provision, case management, interagency activity, complaints, child/elder abuse, Employment relations, Confidentiality, restrictive practices and security etc. Code of Conduct/behavior protect us from making poor decisions and align with policies and procedures

How do you work within identified policies and procedures BY: –Following procedures –Assisting staff members –Using correct forms for specific tasks –Reporting hazards and incidents within the given timeframes –Completing required documentation such as case notes/progress notes –Referring to policies and procedures if unsure of how to do something –Using equipment correctly and wear PPE when required –Maintaining equipment –Reporting issues or making complaints

Development & Review of Policies & Procedures Policies should be reviewed: –When changes in legislation or regulations –Part of the planned annual review –Accreditation –Best practice emerges –Current policy & procedures contradicts a legal or ethical direction –Incidents occuring

Duty of Care An Obligation to take Responsibility to avoid injury to a person that can be reasonably Foreseen; might be injury by an act or an omission. Following polices & procedures and your duty statement - that describes your role and responsibility.

Standard of Care Considerations to determine if a worker as provided a reasonable standard of care are through training that the worker has received in: - Laws & regulations - Participants relating to the situation - Needs of others in the situation - Current trends in the industry - Community values and attitudes

Negligence Conduct that the civil court sees as falling below acceptable standard. You have failed to do something that a reasonable person would do or would not do resulting in harm. Four key factors essential to deciding negligence:- –Duty of care provided –Standard of care provided –Breach of duty of care –Harm or loss (this must happen to sue for negligence)

Harm or Loss Four D’s -Duty of care required -Direct result of the breach of duty of care -Dereliction of duty by the worker -Damaged incurred

Dignity of Risk A concept that recognises risk is a natural part of life that helps people to learn and grow. When duty of care and dignity of risk collide, consider the benefits gained in doing the activity, weighed against the foreseeable risks, and how those risks can be minimised.

Risk Management Context Identify Risks Assess Risks Evaluate Risks Control Risks Consultation Review

Principles of risk management Be an important part of organizational processes Be part of decision making Address uncertainty Be systemic and structured Base it on the best available information Be tailored Create value Consider human factors Be transparent and inclusive Be dynamic and responsive to change Be capable of continuous improvement and enhancement

Privacy & Confidentiality Exceptions:- - Client tells you they have committed a crime. - Abuse of a child or risk of abuse - Potential for the client to harm themselves or others. - Children under 16 receiving counseling parents have the right to know what has happened

Legal Basis for Breaking Confidentiality Police warrants Making information available for cases of suspected or confirmed physical or sexual abuse. Responding to summons or subpoenas Responding to a request under freedom of information legislation

Consent Three forms of consent –Written – is the best –Verbal –Implied Consent must be given voluntarily Must be informed Specific to the activity involved 18 years and over and mentally competent

Your role your responsibilities Work within your position description Adhere to workplace policy and procedures Follow service standards Be aware of the legislation Follow your code of ethics/conduct Know your industrial relation issues Seek support for your skills and knowledge Know how to access development opportunities Transfer learning into workplace practice Set your goals and develop work plans Evaluate your performance through reflection Give and receive feedback

Conflict of Interest Is when you gain a personal interest as an outcome of professional activities. Competing interests. Not separating professional and personal values

Advocates and Guardians Advocates speak on behalf of and have permission to act on the behalf of a person before taking action Public Guardians may be appointed if the person has no family or friends. There is legislation that is required to be followed to appoint a guardian.

Sustainability Economic – identifying ways to ensure all resources are used in the most efficient, beneficial and responsible manner Social – Ensuring future generations have the same or better access to social resources:- access equity, supporting diversity, the workplace is a healthy and safe environment Environmental – Using renewable rather than non renewable resources: - environmental sound buildings, natural energy such as solar Workforce – Retaining the right people with the right skills to meet current and future business needs