Work Within A Relevant Legal And Ethical Frame Essay Example for Free

Work Within A Relevant Legal And Ethical skeletal system Essay jural opinion natural process 11. Why is it undeniable for employees to gift, in totally the cast they under piss, an understanding of the legitimate responsibilities and obligations of the shape role? It is requisite for employees to demonstrate in all tap they undertake an understanding of the legal responsibilities and obligations of the work role to lose eccentric c ar. By ensuring that employees understand the legal responsibilities and obligations applicable to the work it be watchs possible to set standards to which employees essentialiness adhere to. Key Performance Indicators should be set and agreed upon with employees so that all workers be aw ar of the standards expected to be performed.As a result, employees should be able to demonstrate in all work they undertake, an understanding of the legal responsibilities and obligations germane(predicate) to the organisation and to their unmarri ed work roles. 2. What are both(prenominal) of the areas, in lodge renovation organisations, on which legislation, regulations and statutes capacity imp subprogram? Community supporter organisations and their employees allow for need to agree with legislation, regulations and statutory requirements pertinent to The cake of discriminationAnti-harassmentPrivacy (national privacy legislation and principles)Equal Employment Opportunity (EEO)Freedom of nurtureAccess and equalitySocial justiceMandatory cardWork health and safetyEarly childhood education and care3. For what reasons are laws, regulations and statutes primary(prenominal)? Laws, regulation and statues are important because they provide employees with details breeding regarding comp few(prenominal) procedures and how they throw to legislative compliance. It also promotes a workplace culture in which compliance with legislation is a high priority. It provides mental faculty withimmediate training ab come on cha nges to legislation and how the changes effect thither work. It provides a forum for employees to ask questions about legislation, regulations and statutory requirements and also offers opportunities to discuss legislative requirements and compliance processes.Assessment drill 21. Summarise what you visualise indebtedness of care to entail.A duty of care (in Tort Law) is a legal obligation imposed on an individual requiring that they abide to a standard of reasonable care while performing any acts that could harm others. This means that a somewhatbody acting in a caring role has a legal obligation to act in ways that protect knob and that prevent foreseeable harm. It also implies a legal obligation to realize thought or regard for those who faculty be affected by ones acts or omissions. In forefilling duty of care obligations, therefore, association servicing workers must know what their duty of care entails and must take steps to provide a reasonable standard of care and t o mark that through their work practice harm to others does non occur.2. Greg worked in an out of school hours care centre. One afternoon he brought in some CDs and put one on for Alice and Amanda to listen to. They were in the gym because Greg was also watching over some older children playing badminton. Alice and Amanda got up and began dancing around energetically. They hopped, skipped, and bounced around with great joy. of a sudden Amanda fell over. The gym floor was slippery and the girls had taken off their shoes and not their tights. Was there a breach of duty of care? formulate.Greg didnt devour a breach of duty as care. Although he provided the girls with music to listen to (not to trip the light fantastic to) he was not supervising them close enough to incur they had got up and began to dance. Although he was watching the game of badminton he should have kept an eye on the girls regularly as they are also under his duty of care. He should have noticed them dancing energetically still all of his focus was on the badminton game. Although he told the girls to listen to the music and did not allow them to dance the girls are under his care and he should have also supervised themclosely.Assessment exertion 3How lav you evaluate your own skills and why should you do so? Anyone give notice evaluate their own skills by many a(prenominal) of the following ways. pick uping for positive and negative feedback from co-workers and supervisors to improve and also motivate and strive to improve. Employees must know what is expected from them including their roles, responsibilities, lines of authority and reporting procedures. By asking co-workers, supervisors or boss appropriate questions it allows you to learn more than and looking at confident without running any risks. Also many resources should be provided in the child care environment to help evaluate your skills. It is important to evaluate your skills so that as an employee your performance is to a high standard for the organisation. It also allows employees to know what is expected and to identify any performance problems. Evaluating your skills helps to keep the employees organised and confident.Assessment Activity 41. What breeding is unremarkably terminald in lymph node files and what is it used for? Client data such as theatrical role assessments, past history, personal data, family details, medical notes, psychological and therapeutical assessments, recreational and vacuous preferences, etc should be recorded in node files. These client files are used for appropriate authorised staff only. This information is only collected when it is at once relevant to the treatment, service or case management being offered. 2. What legislation and regulatory requirements need to be complied with when collecting client information? When collecting client information there are regulatory and legislation requirements that need to be complied. Privacy and confidentiality is dictated by law and must only be discussed within the quickness by appropriately authorised staff. When the clients records are recorded each organisation will have their own method of storing client files but there are also a number of Acts, regulations, administrative circulars and resources to health information. These specify thatAgencies smoke only collect personal information for a lawful purpose that isdirectly related to their functions, if collecting the information is necessary for or directly related to that purpose. If an agency asks slew for personal information about themselves, it must tell the person or their authorised representative why it is collecting the information, whether it has legal authority to collect the information, how and by whom the information will be used. An agency must take reasonable care to check that personal information is accurate, up to date and complete before using itThe agency must do its best to relieve oneself sure that the informa tion is relevant to the agencys reason for collecting it, up to date, of high quality, complete and protected from unauthorised access. A person whose information is held by a government or a private agency has a right to expect the agency will hold it securely and will ensure that access to the information is permitted only for legitimate purposes. The individual concerned shall be entitled to have access to their records, under the principles of access dictated by the Freedom of Information Act 1982. An agency must not use personal information for any purpose other than that for which it take ined the informationAssessment military action 5Why is it necessary to seek the agreement of the client prior to providing go? Every client has their rights and it is necessary to be aware of and protect the clients rights. Clients for typeface have the right to the following Deciding whether or not to undergo medical treatment after receiving an explanation of what is involved and any as sociated risks Be do by with reasonable care and skill, by appropriately qualified personnel Confidentiality of information about medical conditions and treatment Receive courteous and respectful service, with no mental, bodily or financial aversion Receive services that respect their dignity and privacy promotes their autonomy.Receive services from a provider who recognises their individuality, is sensitive to and responds to their take and preferences, including those establish on ethnic, spiritual, linguistic, familial and cultural factors Suitable information about the organisation/s providing the services Work with the service provider in developing a plan of service, and to participate in the re adopt and evaluation or revision of their service plan Raise concerns or recommend changes in connection with the association services provided or in connection with policies and decisionsthat affect client refers without fear of interference, coercion, discrimination or reprisa l Be informed of the laws, rules and policies affecting the operation of the service with which they are interacting Confidentiality of records and personal informationAssessment application 61. Draw on the text and your own experience to explain the ways in which organisational policies and procedures can embolden with the provision of services A policy is a high level, overall plan embracing the general goals and expectations of an institution or organisation. These policies assist with the provision of services as they are a statement that guides behaviour and sets general parameters related to how the business will be conducted and to what is expected of employees. For example at my work a child developed hand, foot and mouth and we didnt know the incubation period. We checked the policy and it told us exactly how long, what it will look like when it isnt contagious and we will need a medical clearance from the doctor. We were able to refer to the policy to advise and inform the parents on this information.Procedures are the documented operating instructions on how policies should be practically applied. These procedures assist with the provision of services as it involves staff rosters, managing crisis bunks, managing workplace programs and timetable management systems, coping with emergencies, conducting team stirings, administrative systems of the workplace including file and record keeping, and staff security and safety procedures for responding to physical violence. For example, at my work we have the nappy procedures on the wall above the nappy change area. This reminds all workers and especially casuals of our expectations and procedures of changing each childs nappies.2. Why is it necessary that employees perform work according to the policies, procedures and protocols of the organisation for which they work? Policies, protocols and procedures include guidelines and practices developed to deal out legal, ethical and regulatory requirements. to each one organisation has written policy and staff need to know how to access and interpret this documentation and why it is necessary to comply with the antithetic policies and procedures.A policy is seen as a guideline rather than a rule and staffmust comply to these for the safety and wellbeing of the children and adults. It is necessary that employees know what is expected of them and must consistently behave in a manner that supports the organisations policies, protocols and procedures. Following these policies, protocols and procedures also ensures a consistent high level of service to all clients. This will contribute to the organisations reputation and credibility. Clients will know what to expect from the service and will be able to interact on the appropriate levels.Assessment activity 71. What are some useful questions that mogul be asked when reviewing and evaluating existing organisational policies, procedures and protocols? Some useful questions that might be aske d when reviewing and evaluating existing organisational policies, procedures and protocols include What is the take away and purpose of the policy, procedure or protocol? What is it attempting to address (eg improve safety, mold staff aware of required service standards)? How is its veritable effectiveness measured?How genuine is the existing policy on which procedures and protocols are based? How relevant are the policies, procedures and protocols to issues being faced by the organisation, its clients, staff and/or organisation? Are there clear and direct links mingled with the policies and operational procedures? Have organisational policies been disseminated to all staff? When policies were archetypal written, what research was carried out and are the findings still available? What current research or best practice information might improve/ change or impact on the policy content and application and on the associated development of procedures and protocols?2. For what reaso ns is it necessary to periodically assess and evaluate policies? It is necessary to periodically assess and evaluate policies to determine whether they are being adhered to and whether they continue to be relevant to the organisation and its clients. Where policies are no longer relevant, outdated or not used then they might need revision. Also due to changing conditions it can be necessary to implement new policies and procedures. 3. Why should staff be involved in reviews and contribute to thedevelopment of new policies, procedures and protocols? Employees should also contribute and involve themselves to any policies and procedures that they think are necessary. Each of their opinions should be contributed to the development of reviewing policies, procedures and protocols. Each employees voice and insight should be heard and respected.Assessment activity 81. What information enables employees to work within their position specifications, role responsibilities and scope of practice ? The particular job specifications for each employee outlined in broad terms, (enables employees to work within their position specifications, role responsibilities and scope of fare) the employees role, tasks and relationships with others in the organisation. It also outlines the employees responsibilities and obligations, required skilled levels, knowledge requirements, level of authority and decision making expectations.3. How can you clarify your job role, scope and responsibilities? You must know what your role is and how you are expected to perform alongside the performance standards. You must understand what boundaries apply to your role and others so that you can contribute to the organisation and perform the work you are expected to do according to your position specifications and role responsibilities. Whilst some of the organisations expectations will be outlined in the job specifications or will be clarified as a result of supervisor instructions, the workplace cultu re will determine the non-written, wanton expectations of the workplace. Other expectations will be clarified by managers and supervisors who provide training, information, instructions and support.3. What should you do if you are in a situation where the necessary actions are beyond your scope of office? Employees must have a clear understanding of the boundaries where they work. Boundaries, levels of authority and responsibilities will vary according to the job type but legal constraints will also impact on what staff can and cannot do. If you are in a situation where the necessary actions are beyond your scope of office it is best to talk to a supervisor or manager as it is not your responsibility to deal with that situation legally with regards toclients, the organisation and stakeholders.Assessment Activity 91. If you do not understand the task instructions you are granted, what action should you take? When you do not understand the task instructions given you should seek a ssistance and clarification of unclear instructions in order to understand and perform tasks correctly. It is also convenient to make notes during any training so you can rely on yourself and not always others to perform these tasks.2. You are a new graduate, recently been employed in a community centre. You have been asked to develop the next weeks leisure program for the residents in the facility. You have seen previous programs but would like to try out some new ideas. You are not sure if the program you have worked out is suitable, or whether it fits within budgetary constraints. Who would you ask and why? If I were in this situation I would ask my teach in the facility ( frequently boss) as they are aware of the routines within the place and the past leisure programs which have been successful and which havent.This mentor will be able to provide you with information to see if the budgetary constraints are available and correct and they will tell you if it is suitable. They wil l provide you with information of what will work well and what they think you could change. 3. Why is it important to seek clarification of unclear instructions or of instructions that you do not understand? It is extremely important to seek clarification of unclear instructions or of instructions that are not understood as they can lead to dangerous or dear(p) mistakes. Never make assumptions in a situation that you are even the slightest unaware of as it can result dangerously.Assessment activity 101. Explain what is meant by equity and accessCommunity support workers must adopt a non-discriminatory approach to care provision. They must support the principles of equity, access and social justice. This acts to support the rights on the client when delivering services to them. Equity principles acknowledge there are groups of people who have different needs due to the attributes they were born with or haveacquired and which cannot be changed. Equity legislation ensured that no grou p is disadvantaged (or advantaged) at the cost of another. This also means that people should also have access to quality care suitable to their individual needs. This might entail providing additional assistance to some people to meet requirements. The quality must be high in both equity and access. 2. How can community service workers protect the rights of clients?Community service workers protect the rights of clients by adopting a non-discriminatory approach to care provision. They must not discriminate clients by their age, race, gender, ethnic or cultural background, religion, sexual preference, physical of cerebral disability, medical condition, political beliefs, marital status, family circumstances or responsibilities and economic situation. The aegis and preservation of these rights should be integrated into organisational policies and procedures. Clients are entitled to experience a quality of care that respects their unique attributes and caters to their individual nee ds in a manner that is free from prejudice and harassment.Assessment Activity 11What actions might a community service worker take if they view that conflict of interest exists? This might affect them directly or it might involve other staff members. Employees can be exposed to competing value systems and to ideas and expectations that are so various from their own that they are unsure of how to react and they may also be confronted with situations which comprise a conflict of interest. If a community service worker believe that conflict of interest exists they must contact your boss immediately to stop the situation from escalating. Avoid any informal discussions about it that might influence others on the matter. If you are finding it difficult seek legal advice if you feel it Is impossible to resolve this conflict.Assessment Activity 121. What are some of the differences you might come across when interacting with clients, customers, colleagues and workmates in a community serv ice organisation? In a community service organisation you can come across many differences between people, their cultures and their values which can enrichand enhance all of our lives. Some differences include knowledge, interests, customs, ethnic nutrient, art works, retail products and customs they can incorporate into their lives. It is necessary to accept everyones differences and understand and comply with the legislation that has been put into place to support fairness, equity, social justice and non-discriminatory practise regardless of personal values, beliefs, attitudes and culture. This diversity can contribute to everyones lives, making it exciting, richer, fuller and a lot more interesting. 2. Explain what the term culture means to you.Culture to me means the quality of a particular group of people who have different behaviour patterns defined by their language, knowledge, experience, religion, beliefs, values, attitudes, music and arts. It is a group of people who have a different way of life to another group of people. These communities and cultures make everyone who they are and extend on the worlds interests. 3. Why is it so important to recognise and understand the difference between people and their cultures? It is important to recognise and understand the difference between people and their cultures because the way we look at situations is coloured by the experience we have had. We view situations through our cultural filters but our view is generally subconscious so we are not aware of the ways in which our perceptions and reactions are influenced.In the community service industry it is necessary to be aware that clients will come from a wide variety of backgrounds and as workers we need to provide services that meet the cultural and preferential needs of clients to refrain from making assumptions, based on their own perceptions, about clients needs and preferences. They need to understand that the things they consider to be necessary or r ight might not be considered so by others. When providing these services it is therefore necessary that employees do not make assumptions and they make allowance for the fact that two opposite perceptions can exist. 4. List and briefly describe three strategies that an organisation might follow to ensure that the cultural and diverse needs of a client/ customer are met.To ensure that services are available to all clients regardless of personal values, beliefs, attitudes and culture community services and their employees must Respect peoples differences and their rights to do things differently.Imagine your own feelings when others do not respect the values which are vital in your own life. withal if in your culture a certain mode of behaviour is frowned upon it might be acceptable in another country. Respect that different cultures have food requirements due to religious reasons. Provide them with alternative foods when there is a meal they cannot have. Recognise that ethnicity and culture may have an impact on a clients behaviour. Assist clients to become aware of their own cultural values and let them know we respect that. Allow them to incorporate their beliefs and celebrations to the society, as well as within the organisation.Assessment activity 131. Why do you think community service organisations should have policies and expectations regarding professional boundaries, the acceptance of gifts and ethical interactions with clients? Ethics might be defined as philosophical ideals and behaviours that are in agreement with accepted principles for right conduct. These principles, rules and expectations are determined and agreed upon by the society and communities in which people live. I believe there need to be policies and expectations regarding professional boundaries as employees must remember their relationship with their clients are proper and that these boundaries are not crossed. Clients and carers can fabricate strong relationships with one another but the service provided to the clients must remain transparent and professional at all times. Clients can build a strong bond with their carers (more personal than professional) which can put an unaware carer into a vulnerable position.These ethical standards must also be complied with and remain professional. credence of gifts is often not allowed in government organisations due to the appropriateness of the gifts. Clients can also manipulate staff by giving presents. All of these policies are an act to protect workers and their clients from not being taken advantage of and for their own protection. 2. What actions should staff take if they believe that another person is acting unethically or if they are confronted with an ethical dilemma that affects themselves? If you are in this position it is best to report the situation to avoid any further harm.Each employee should be competent to carry on potential and actual problems to the level of their responsibility and within the se rvice guidelines and procedures. Where the dispute is outsidethe scope of the employee it should be further noticed to an authorised person to cover up the matter. The service will have procedures designed to ensure that ethical issues can be firm fast and efficiently and to ensure a resolution. Disputes should be resolved in a matter which is professional and within the standard requirements of the organisation and any legislative requirements.Assessment Activity 141. Why should client-related matters only be discussed within the confines on the facility? Client related matters should only be discussed within the confines of the facility and authorised people within the enterprise. Each organisation has specific guidelines for employees to follow regarding disclosure and confidentiality. Personal and sensitive information about a case or disclosures made by a client to the person overseeing their care should remain confidential unless there is a legal need for this disclosure se lf harm.2. How can staff in community service organisations ensure that client information is protected? Staff in community service organisations can ensure that client information is protected by agreeing to their organisations guidelines and be confidential. Staff must be aware that information must only be discussed in ways or places where the discussion can be overheard by unauthorised people. All client information that is collected must be documented, recorded and stored safely within the premises. To ensure all information is appropriately protected, staff can demonstrate effective application of guidelines and legal requirements relating to disclosure and confidentiality.Assessment activity 151. How can you encourage clients or their advocates to bring issues or concerns out into the open to identify and tell their concerns?Clients or their advocates might have bursting charges or grievances that need to be heard and followed up in order for them to not feel this way. To support the clients it will be necessary to help identify the real concerns or issues. Once these have been identified they can be properly expressed. read/write head the client using open, closed and probing questions. Paraphrase or repeat back to the client the information you receive. This enables you and the clientto agree on the meaning of the concerns. guess any outcomes resulting from your action, and decide, with your client, if further action is required.2. Why is it necessary to do this?It is necessary to bring these issues or concerns out into the open so there is no contrast or feeling of concern with these clients or advocates. The community service workers role involves aiding and supporting the client and/or advocate so they can identify and express any concerns they might have. By assisting the client to identify and articulate their concerns, the employee and the organisation are in a position to ensure that clients needs are met.Assessment activity 161. What pr ocedures might be used to refer a client to an advocacy service? The term advocate is often applied in a legal sense to plead the case for a defendant and is another name for legal counsel in some cultures. Often an advocate will act on behalf of disadvantaged or disenfranchised groups whose rights need to be upheld. If you feel that advocacy might benefit a client it is necessary to explain to the client what is involved in the representation by an advocate and why it might be beneficial. Before making a referral the client must be consulted and agree to be represented.If that person is unable to give consent a duly authorised guardian/ family member might be called to give upon consent. Staff can then select suitable advocacy contacts for the client and can offer to contact them on the clients behalf. The staff member making the referral might offer to attend the introductory meeting in order to support the client and make them feel more comfortable. The client must be fully infor med about processes and potential outcomes.2. Why might this be necessary?It is necessary to go through these procedures to obtain informed consent from an individual client and protect the clients rights through legal services. If for instance, a client has a physical or intellectual disability that impedes on their confabulation it affects comprehension you must do everything possible to make sure the client really has given informed consent.Assessment activity 17Describe the steps that might be followed to aid a client in using the internal complaint management process When transaction with complaints it is necessary to remain calm and not react defensively. Be polite, treat the client and their complaint with respect and demonstrate willingness to negotiate a solution. Document the conversation, store and file it so they are available when needed. Empathise with the client and try to see the issue from their point of view. This doesnt mean you accept blame but you are willing t o assist the client.Give the client a time frame and deliver answers to your questions. Listen carefully to what they tell you Check to ensure that you and the client agree on what the complaint is intended to address. Make sure the clients know that the information they disclose will be respected and that their confidentiality will be remained if appropriate. Ask the client what outcome resolution they are expecting and provide information to the client about the most effective resolution process. If you are unable to handle the complaint or make resolution decisions then it is necessary to escalate to an authorised person who can manage the situation. Follow up on the complaint to ensure that te client has been given sufficient information and is satisfiedAssessment activity 181. What are some of the signs with financial, physical, emotional, sexual abuse and neglect? financial sudden inability to pay bills, unusual or unexplained withdrawals or transfer of funds between bank acc ounts, loans made by the client but not repaid by the borrower, coercion to make investments Physical unexplained accidents or injuries, bruising, burns, bite marks, abrasions, rope burns or fractures. Emotional signs of fear and anxiety, apathy, resignation, depression, withdrawal and shunning of eye contact Sexual abuse psychological and emotional distress symptoms Neglect malnutrition, malnourishment, dehydration, poor hygiene or skin care, soiled clothing, and in the case of the elderly or people with a disability a lack of aids like dentures, glasses, walking frame or stick.2. What should community service employees do if they observe such signs?Anysuspected or observed signs of potential harm to a client or a person associated with the client must be taken seriously and reported immediately. Reports should also be made if a person has suspicions or observations that lead to a reasonable belief that a person intends self-harm or suicide. All reports should be clearly indic ated and then documented and filed safely in case of any further investigations. All information regarding abuse or neglect should be passed onto the people or authorised bodies to take action to remedy them. Reports could therefore be made, depending on the type of neglect or abuse, to a supervisor, manager, the police or other authorised persons.Assessment activity 191. What are some of the cultural differences that might impact on communication processes?Cultural differences such as language used and the forms of language used, religious affiliations, practices and beliefs, spiritual needs, education, work ethics, food choices, preferences and taboos, holiday and religious observances, family customs and holiday celebrations can impact on communication processes. It can affect communication through verbal or written and also the body language gestures and para-language that people use. When communicating with people from other cultures you have to be aware of come up toing to fa st or slow, using slang words, low or high volume, not audience actively, not asking questions, using inappropriate body language and gestures and/or inappropriate humour. These could become offensive to people from other cultures.2. What are some of the strategies that might be used to beat verbal communication difficulties in the workplace?It is necessary to learn about different cultures from which your clients come from and to learn about some of the idiosyncrasies associated with them. Some strategies to help when communicating with people from another culture is to be patient speak clearly but do not shout. Repeat yourself, speak slowly, use signage, gestures, draw diagrams or pictures etc. Use appropriate body language, para-language, gestures and facial expression will also aid the communication process and overcome communication difficulties.3. Why might a professional interpreter be used?Interpreters are used because they are professionally trained to understand the clie nts situation and understand both the verbal and non-verbal communication involved. An objective interpreter will ensure that accurate communication occurs while cultural sensitivities and confidentiality are taken into account. In time of crisis or in traumatic or emotionally charged situations, second-language competency can decrease dramatically. Being able to communicate in their first language can make clients feel much more secure and comfortable and qualified interpreters are bound by strict code of ethics, therefore, they practise impartiality and their conduct is professional.4. How should community service employees recognise and respond to religious diversity?Community service employees should recognise and respond to religious diversity as spiritually it can be an important predictor of the quality of life of individuals receiving these services. Providing for spiritual support and making them allowance for clients to practice their religion is therefore, a responsibilit y of the organisation. The service needs to determine whether a client embraces some form of spirituality and the ways in which they practice this. Simply asking clients which religion they pop off to is not an adequate means or determining spiritual needs. Obtaining a comprehensive history that addresses these issues during the assessment will be necessary. Family and other significant people could also be consulted regarding their perception of the clients spiritual needs. Clients might have to assist in articulating the things that are important to them personally. Spiritual advice and support for some clients can be very appreciated.