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Elements and Performance Criteria

  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

Required Skills

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 Australias 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 decisionmaking

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 andor 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 organisationservice

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

Evidence Required

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 andor 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 andor 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 assignmentsprojects


Range Statement

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