Work Within a Legal and Ethical Framework Essay

Work within a legal and ethical framework Task A Question 1 Why is important for a worker in the csi to follow their job description? It is important for a worker in the community service industry to follow their job description as it is important that they give a professional standard of the service. It is also due to confidentiality. Community service workers have duty of care to their clients. Also it is important they follow their job description because different services may have different policy and procedures and guidelines that need to be followed accurately so that duty of care is upheld to each client.

Question 2 Define the term policy. A policy is a course of action or guidelines to be followed. Question 3 Define the term procedure. Procedures are clear practical steps to be followed consistently through the whole agency or service in order to meet the policy statement. Question 4 Why do community services industry workers need to work within agency policy and procedures? Provide 3 reasons. * To ensure they do their job properly * To ensure proper duty of care to a client * So no unnecessary harm is caused to clients Question 5

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Give 5 examples of areas that should be covered in the policy and procedures manual. * Case management procedures (how the agency determines eligibility for the service, assesses client needs and individual goal setting to address needs identified * Occupational health and safety procedures * Communication * Notification of child abuse procedures * Duty of care Question 6 Define the term legislation. Legislation is the rules and regulations that are passed in state or federal parliament. An Act of parliament clearly defines what is legal and illegal nd you can be punished by law by not abiding by legislation. Question 7 Define the term statutory requirements. If a legal obligation is statutory, it means there is an Act that says you have to do something, or not do something. You can be legally punished if the Act is not followed. Question 8 Define the term regulatory requirements. Regulatory requirements refer to standards of rules on how a service should be run in order to meet the needs of clients effectively and safely and to enhance the clients well being. Regulations are the details that attach. Question 9

List 3 pieces of legislation impacting on the community service industry and state the purpose of each. 1. Children and young persons (care and protection) Act 1998 no 157 (NSW) An Act to provide for the care and protection of and the provision of services to children and young persons 2. Privacy Act 1988 (commonwealth no 119, 1988) An Act to make provision to protect the privacy of individuals and for related purposes 3. Occupational health and safety Act 2000 no 40 (NSW) This is the main piece of health and safety legislation with related occupational health and safety regulations. Question 10

When gathering personal information from a client what do you need to tell them? When gathering personal information from a client it is important to make it clear to the client what their rights are and information including eligibility criteria of who can use the service, the assessment process, service rules, services offered, staff qualifications, confidentiality exclusions, client rights and responsibilities, complaints procedure and any fees involved in the use of the service. Task B case study Question 1 How would you find out what your roles and responsibilities are as a family worker?

By reading the agency rules and regulations and by looking at your job description and asking your supervisor Question 2 In this case study what would be your roles and responsibilities as the worker? To ensure no harm comes to the children and to listen and help Julie with the assistance she requires Question 3 Consult the attached job description. From the job description state 3 key responsibilities and discuss how you could apply each of the responsibilities to this family. 1. Provide referral of the clients to appropriate/specialist services as required.

Ask Julie if she would like to be referred to AA and counselling to help her with her alcohol abuse and the domestic violence she experienced whilst she was with bill 2. At the request of the client act as an advocate and or support for clients accessing referral services and other agencies Call other services to see which services can help Julie with the support and assistance she and her family need. 3. Provide outreach services as required Organize for Julie to call St Vincent de Paul and other organisations that deal with helping people with financial aid so she can get help wit food vouchers, rent, and power bills (etc. Question 4 As the worker identify and discuss 2 ethical dilemmas in this case study. 1. Heavy drinking: with evidence of heavy drinking it automatically puts the kids at risk of harm especially when Julie is intoxicated who is there to look after the children 2. Domestic violence: Julie has already left bill ounce for domestic violence and she is now planning to take bill back which puts the kids at risk of harm with the fighting and violence that bill brings into the home Question 5 What principles would you need to be aware of when dealing with the ethical dilemmas in this case study? Be very clear on the guidelines of your particular profession * Be familiar with and guided by all relevant standards which further define how legislation is applied. I am a family worker and am not qualified to assist with alcohol abuse or domestic violence have to work within my job description/ and legally I have to let the proper authorities and or agency service know what wrong doings are going on in and around Julies home. Question 6 Identify the factors that contribute to risk of harm of the children in this case study.

Factors that contribute to risk of harm to the children are domestic violence, very messy untidy house, heavy drinking. Question 7 Identify and discuss your duty of care in relation to each family member. My duty of care to the children is to ensure that there is no risk of harm to any of them. Ensure their home is safe and they have food and that the older children are attending school regularly. My duty of care to Julie is to ensure she is looking after the children properly and her isolation issues are under control and she is using her newly learnt budgeting skills to help with her money problems.

Question 8 If you were unsure how to about how to proceed in working with this family what would you do next? If I was unsure about how to proceed in working with this family I would speak with a colleague if that was no help I would ask my supervisor Question 9 Identify Julie’s rights in this situation. Julie’s rights in this situation include the right to make a complaint she has the right to be referred to an advocacy support if she feels this service cannot manage her complaint and she has the right to be referred to another service. Question 10

Identify the legislation that supports client complaints in this industry. Community services (complaints, reviews and monitoring) Act no 2 (NSW) Question 11 Discuss how you would deal with Julie’s complaint. I would speak with Julie and let her know she has the right to make a complaint and that part of duty of care is to ensure that no harm comes to her children and in this circumstance the right agencies and services were contacted. Task C Question 1 From the learning material, identify a model for working through issues and dealing with ethical dilemmas. 1. Identify the dilemma

Firstly you need to look at the dilemma and gather as much information as you can to clarify the problem. 2. Apply the code of conduct or code of ethics Once you have a clearer picture of the nature of the problem you need to consult the code of ethics for you profession. 3. Determine the nature and dimensions of the dilemma and seek consultation In this step you will need to ask yourself questions such as what actions will have the least chance of bringing harm to the client? What decisions will safeguard the well being of the client? How can I best promote self determination? 4. Generate possible actions

Brainstorm possible solutions to the problem/dilemma 5. Consider possible consequences of all options and determine a course of action This stage involves looking at all the options and the consequences of all the actions for all the relevant parties, clients, agency, profession etc. 6. Consider the rights and responsibilities of all people involved It is critical to consider the balance between rights and responsibilities of workers and clients 7. Evaluate the selected course of action Review your selected course of action. Be careful that the action chosen doesn’t raise any new dilemmas. . Implement the course of action You have worked through a process and should be able to justify your actions and responses. Question 2 From the learning material, identify the significant ethical guidelines in the community services industry. * Be very clear on the guidelines for your particular profession * Be familiar with and guided by all relevant legislation * Be familiar with and guided by all relevant standards which further define how the legislation is applied * Be aware of your employing agency’s code of conduct which is reflected in their policy and procedures.

This may be specifically linked to the client group you are working with * Demonstrate a commitment to a moral standard of professional behaviour, which you uphold at all times * Have a system in place which allows you to explore all sides of an ethical dilemma and examine the consequences of any action and/or decision you may make. Question 3 From the learning material identify ways that we can ensure client rights are upheld. Keep clients informed Clients need to be as informed as possible about their rights and responsibilities.

Comprehensive information about the service should be provided at the referral and assessment stage, including information about the eligibility criteria, the assessment process, service rules, services offered, staff qualifications confidentiality exclusions, complaints procedure and any fees involved. This can be in the form of an information handbook or pamphlet and should be in format accessible to clients. Client participation forums Agencies need to have a structure in place for clients to have a say about the services being offered and what needs to be improved.

This may be through representation on management committees, holding focus groups and surveying regularly to seek client feedback. Monitoring by funding bodies This varies This varies across government departments and funding programmes; however funding bodies should play a role in ensuring that services are fulfilling their legislative and funding responsibilities in the area of upholding client rights. This may be through visiting agencies occasionally or written reports provided every year as part of the accountability process.

Make sure that clients know how to complain Basic human rights include the right to be heard-better still, some rights like legal rights mean being able to take action to recover any lost rights or even seek compensation. Legitimate client complaints also provide valuable feedback to the service, so that services and staff can improve. Question 4 From the learning material identify the basic organisational procedures you will need to follow when managing a complaint. Clients and where relevant, families should be informed about or given the policy upon entry to the service, or the protocol should be easily accessible/prominently displayed within the service. * Staff should have regular training in managing complaints and be familiar with the protocol-who to refer and how. * Copies of the policy/protocol and any standard forms used to register complaints should be easily accessible for all staff to share with clients/others. Question 5 At what point would you consider using an advocate or an advocacy service?

I would consider using an advocate or advocacy service if a client’s complaint could not be managed at a service level and if the client needs a specialist advocacy advice such as domestic violence or a client with disabilities. Question 6 Define the terms. * Abuse: physical and emotional pain or harm that is inflicted by one person on another. Threatening to inflict pain or violence is also considered abusive. * Neglect: not providing appropriate care and protection or meeting the physical, emotional and social needs of someone in your care * Risk: exposure to the chance of emotional and/or physical abuse or neglect.