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Elements and Performance Criteria

  1. Perform within legal and ethical parameters of professional practice
  2. Apply an understanding of the legal framework
  3. Apply ethical concepts to professional practice
  4. Support the rights, interests and needs of clients and their families

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 knowledge of

Key statutory legislative and regulatory requirements relevant to work area specifically including occupational health and safety OHS

Knowledge of law sources types court system common law statute law civil law precedent

Crossexamination techniques

Knowledge of law of torts negligence trespass assault and battery types of consent valid consent legal and intellectual capacity false imprisonment and defamation

Knowledge of the coroner including functions of the coroner coronial inquests and giving evidence to the coroner

Knowledge of contemporary ethical issues autonomy nonmaleficence beneficence justice rights

A moral decisionmaking model

Principles of confidentiality and privacy responsibilities

Application of ethical principles to professional practice

definitions of terms ethics ethical thinking and morality

theoretical concepts informing ethical conduct

distinction between ethical and legal problems

principles of ethical decisionmaking

strategies for addressing common ethical issues

Models of documentation

Application of duty of care principles and codes of ethics to work role and principles and practices for upholding the rights of the client and specific client groups

Principles of access and equity relevant to provision of community services

Management of common legal issues relevant to own area of professional practice

Strategies for managing complaints

Types of abuse experienced by clients including systems abuse and unintentional injury

Implementation of strategies for managing abuse of a client

Reporting mechanisms and corrective actions appropriate to managing suspected abuse of a client

Essential skills

It is critical that the candidate demonstrate the ability to

Apply detailed knowledge of legal and ethical standards processes and practices responsibilities constraints and issues relating to own professional practice

Monitor and manage application of legal and ethical standards in professional practice

Provide information as required to enhance the application of legal and ethical work practices and correct misunderstanding andor inappropriate application of legal and ethical guidelines

Contribute to resolving and dealing with legal and ethical issues arising in the workplace

Recognise and address 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 will be most appropriately assessed in the workplace or in a simulated workplace and under the normal range of workplace conditions

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

Observation in the workplace

Written assignmentsprojects

Case study and scenario analysis

Questioning

Role play simulation


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:

Individuals living in residential aged care environments

Individuals living in the community

Prospective individuals to the service or services

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

Job seekers

Children and young people

Contexts may include:

Client's own dwelling

Independent living accommodation

Residential aged care facilities

Community centres

Community, government or private agency or organisation

Homelessness

State housing

Shared housing

Key statutory, legislative and regulatory requirements may include those related to:

Privacy legislation

Health records legislation

Equal employment opportunities

Discrimination and harassment

Residential and community services

Poisons and therapeutics

Registration and practice of health professionals

Pharmaceutical benefits

Occupational health and safety

Freedom of information

Public health

Building standards

Criminal acts

International and national standards

Mandatory reporting

Working with children/police checks

Reports may include:

Verbal:

telephone

face-to-face

Non-verbal (written):

progress reports

case notes

incident reports

Rights may include:

Privacy

Human rights

Confidentiality

Dignity

Freedom of association

Informed choice

To lodge a complaint

Right to express ideas and opinions

To an agreed standard of care

Access to services

Rights are detailed in:

Legislation

Industry and organisation service standards

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

Accreditation standards

Units of competency

International and national charters

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