Assessor Resource

CHCCS502B
Maintain legal and ethical work practices

Assessment tool

Version 1.0
Issue Date: April 2024


This unit is to be assessed in relation to the specific legal and ethical context of the work role/s and requirements to which it applies

This unit describes the knowledge and skills required to maintain the application of legal and ethical work practices by monitoring, coordinating and promoting their importance in providing community services and supporting duty of care requirements

You may want to include more information here about the target group and the purpose of the assessments (eg formative, summative, recognition)

Prerequisites

Not Applicable


Employability Skills

This unit contains Employability Skills




Evidence Required

List the assessment methods to be used and the context and resources required for assessment. Copy and paste the relevant sections from the evidence guide below and then re-write these in plain English.

The evidence guide provides advice on assessment and must be read in conjunction with the Performance Criteria, Required Skills and Knowledge, the Range Statement and the Assessment Guidelines for this Training Package.

Critical aspects for assessment and evidence required to demonstrate this unit of competency:

The individual being assessed must provide evidence of specified essential knowledge as well as skills

This unit may be assessed in the workplace or in a simulated workplace and under the normal range of workplace conditions

Essential knowledge covered in this unit is to be assessed before application in a work context, especially where client safety issues are involved

It is recommended that assessment or information for assessment will be conducted or gathered over a period of time and cover the normal range of workplace situations and settings

Access and equity considerations:

All workers in community services should be aware of access, equity and human rights issues in relation to their own area of work

All workers should develop their ability to work in a culturally diverse environment

In recognition of particular issues facing Aboriginal and Torres Strait Islander communities, workers should be aware of cultural, historical and current issues impacting on Aboriginal and Torres Strait Islander people

Assessors and trainers must take into account relevant access and equity issues, in particular relating to factors impacting on Aboriginal and/or Torres Strait Islander clients and communities

Context of and specific resources for assessment:

This unit can be assessed independently, however holistic assessment practice with other community services units of competency is encouraged

Resources required for assessment include access to:

an appropriate workplace and/or simulation of realistic workplace setting where assessment can take place

relevant legislation and regulations, organisation policy, protocols and procedures

Method of assessment may include:

Case study and scenario analysis

Observation in the workplace

Questioning

Role play simulation

Written assignments/projects


Submission Requirements

List each assessment task's title, type (eg project, observation/demonstration, essay, assingnment, checklist) and due date here

Assessment task 1: [title]      Due date:

(add new lines for each of the assessment tasks)


Assessment Tasks

Copy and paste from the following data to produce each assessment task. Write these in plain English and spell out how, when and where the task is to be carried out, under what conditions, and what resources are needed. Include guidelines about how well the candidate has to perform a task for it to be judged satisfactory.

This describes the essential skills and knowledge and their level required for this unit.

Essential knowledge:

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

These include:

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 occupational health and safety (OHS)

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)

Essential skills:

It is critical that the candidate demonstrate the ability to:

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

In addition, the candidate must be able 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

These include the ability to:

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

The Range Statement relates to the unit of competency as a whole. It allows for different work environments and situations that may affect performance. Add any essential operating conditions that may be present with training and assessment depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts.

Clients may include:

Children and young people

Individuals living in government funded services and/or institutions to 'clients'

Individuals living in residential aged care environments

Individuals living in the community

Job seekers

Prospective individuals to the service or services

Contexts may include:

Client's own dwelling

Community centres

Community, government or private agency or organisation

Independent living accommodation

Residential aged care facilities

Key statutory and regulatory requirements may include those related to:

Building standards

Criminal acts

Discrimination and harassment

Equal employment opportunities

Freedom of information

Health records legislation

International and national standards

Mandatory reporting

Occupational health and safety

Pharmaceutical benefits

Poisons and therapeutics

Privacy legislation

Public health

Registration and practice of health professionals

Residential and community services

Report may include:

Non-verbal (written):

case notes

incident reports

progress reports

Verbal:

face-to-face

telephone

Rights may include:

Access to services

Confidentiality

Dignity

Freedom of association

Informed choice

Privacy

Right to express ideas and opinions

To an agreed standard of care

To lodge a complaint

Rights are detailed in:

Accreditation standards

Industry and organisation codes of ethics and/or codes of conduct and practice

Industry and organisation service standards

International and national charters

Legislation

Units of competency

Principles of access and equity may include:

Creation of a client orientated culture

Non-discriminatory approach to all individuals using or accessing the service

Respect for individual differences

Copy and paste from the following performance criteria to create an observation checklist for each task. When you have finished writing your assessment tool every one of these must have been addressed, preferably several times in a variety of contexts. To ensure this occurs download the assessment matrix for the unit; enter each assessment task as a column header and place check marks against each performance criteria that task addresses.

Observation Checklist

Tasks to be observed according to workplace/college/TAFE policy and procedures, relevant legislation and Codes of Practice Yes No Comments/feedback
Identify and explain legal responsibilities and obligations relating to identified work role/s 
Identify and explain key statutory and regulatory requirements relating to identified work role/s 
Encourage staff to clarify and fulfil duty of care responsibilities in the course of practice, to accept responsibility and be accountable for own actions and to maintain confidentiality in line with organisation guidelines 
Identify and promote opportunities for staff to involve clients in decision-making and to seek client agreement prior to service provision 
Monitor work performance to ensure organisation policies, protocols and procedures are appropriately and consistently addressed 
Provide information and support to initiate and contribute to the review and development of policies and protocols in line with work role 
Clarify scope of work for staff to address requirements of position specifications and role responsibilities 
Provide clarification for any uncertainty with regard to scope of practice in line with organisation requirements and legal and ethical guidelines 
Monitor work instructions provided to staff to ensure their clarity and appropriateness in line with organisation requirements and legal and ethical guidelines 
Monitor service delivery to ensure client rights are protected and services are delivered to clients with respect for diversity of personal values, beliefs and attitudes 
Monitor staff ability to use effective problem solving techniques when exposed to competing value systems 
Identify potential ethical issues and ethical dilemmas in the workplace and discuss with staff to ensure maintenance of ethical work practices 
Use codes of ethics to recognise and report unethical conduct according to established protocols 
Ensure client and/or their advocate/s are supported to identify and express their concerns 
Instigate and monitor referral of client and/or their advocate/s to advocacy services as appropriate 
Manage client complaint/s in line with organisation policy and protocols 
Take action in line with organisation protocols to address witnessed signs or evidence consistent with financial, physical, emotional, sexual abuse and/or neglect of the client 
Work with an understanding and appreciation of the role and responsibilities of legal guardians 

Forms

Assessment Cover Sheet

CHCCS502B - Maintain legal and ethical work practices
Assessment task 1: [title]

Student name:

Student ID:

I declare that the assessment tasks submitted for this unit are my own work.

Student signature:

Result: Competent Not yet competent

Feedback to student

 

 

 

 

 

 

 

 

Assessor name:

Signature:

Date:


Assessment Record Sheet

CHCCS502B - Maintain legal and ethical work practices

Student name:

Student ID:

Assessment task 1: [title] Result: Competent Not yet competent

(add lines for each task)

Feedback to student:

 

 

 

 

 

 

 

 

Overall assessment result: Competent Not yet competent

Assessor name:

Signature:

Date:

Student signature:

Date: