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Reception    >   Unit: CHCCS400A   >  Learning Topic 1   >   Section 1.2
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Learning Topic 1   Demonstrate an understanding of legislation and common law relevant to work role

This topic should provide you with the ability to identify the various legislative requirements that will guide your practices as an ethical community services worker. You will learn to:

  • demonstrate an understanding of legislation and common law and how it applies to your workplace; and
  • demonstrate an understanding of how to maintain confidentiality and support clients in making decisions about service provision.

Section 1.2            Overview of Standards

The following standards reflect the level of quality services expected of:

  • home and community care services (HACC)
  • residential aged care services
  • providers of mental health services, and
  • providers of services to people with a disability.
 
  • HACC Standards
  • Residential Care Standards
  • National Standards for MH
  • Disability Standards
1.2.1   Home and Community (HACC) Standards

The Home and Community Care (HACC) is a national program administered jointly by the Federal Government and State and Territory governments through their health departments.  The HACC Program helps many frail and elderly people and people with disabilities to live independently in their own homes and to participate in their communities.

All community care programs must be set up and operated according to the guidelines published by HACC.  A list of seven objectives which describe the rights and responsibilities of all care workers and their clients are as follows:

 

Objective 1—Access to services

To ensure that each customer’s access to a service is decided only on the basis of relative need.

Objective 2—Information and consultation

To ensure that each customer is informed about his or her rights and responsibilities and the services available and consulted about any changes required.

Objective 3—Efficient and effective management

To ensure that clients receive the benefit of well planned, efficient and accountable service management.

Objective 4—Coordinated, planned and reliable service delivery

To ensure that each client receives coordinated services that are planned, reliable and meet his or her specific, ongoing needs.

Objective 5—Privacy, confidentiality and access to personal information

To ensure that each client’s rights to privacy and confidentiality are respected, and that he or she has access to personal information held by the agency.

Objective 6—Complaints and disputes

To ensure that each client has access to fair and equitable procedures for dealing with complaints and disputes.

Objective 7—Advocacy

To ensure that each client has access to an advocate of his or her choice.

These objectives and other HACC guidelines are set out in more detail in the Commonwealth government publications listed in the bibliography.

1.2.2   Residential Care Standards

All residential care services are required to maintain standards.  To meet these standards, services must:

  • provide a high quality of personal care to every resident;Residential care standards
  • have a safe building; and
  • be committed to protecting their resident’s rights.

Service providers must also ensure that they have appropriately qualified staff with the right mix of skills to meet residents’ needs.  The standards cover all aspects of residents’ needs from health and personal care and safety to a range of lifestyle matters including independence, privacy and dignity.  Hostels and nursing homes that meet these standards are accredited.  Service providers that do not meet these standards may be subject to sanctions.

Residential aged care services are assessed against these standards to determine their suitability for accreditation.

Standard 1:  Management Systems, Staffing and Organisational Development
Standard 2:  Health and Personal Care
Standard 3:  Resident Lifestyle
Standard 4:  Physical Environment and Safe Systems

1.2.3   National Standards for mental health Services

The National Standards for mental health Services, as shown above, ensures people with mental health issues, mental illness and mental disorders are treated with respect and receive an individualised service which is appropriate to their needs

 

Standard 1—Rights

The rights of people affected by mental disorders and/or mental health problems are upheld by the mental health Service (MHS).

Standard 2—Safety

The activities and environment of the MHS are safe for clients, carers, families, staff and the community.

Standard 3—Client and Carer Participation

Clients and carers are involved in the planning, implementation and evaluation of the MHS.

Standard 4—Promoting Community Acceptance

The MHS promotes community acceptance and the reduction of stigma for people affected by mental disorders and/or mental health problems.

Standard 5—Privacy and Confidentiality

The MHS ensures the privacy and confidentiality of clients and carers.

Standard 6—Prevention and mental health Promotion

The MHS works with the defined community in prevention, early detection, early intervention and mental health promotion.

Standard 7—Cultural Awareness

The MHS delivers non-discriminatory treatment and support which are sensitive to the social and cultural values of the client and the client’s family and community.

Standard 8—Service Integration

The MHS is integrated and coordinated to provide a balanced mix of services which ensure continuity of care for the client.

Standard 9—Service Development

The MHS is managed effectively and efficiently to facilitate the delivery of coordinated and integrated services.

Standard 10—Documentation

Clinical activities and service development activities are documented to assist in the delivery of care and in the management of services.

Standard 11—Delivery of Care

Principles guiding the delivery of care National Standards for mental health.

© Commonwealth of Australia

1.2.4   NSW Disability Services Standards (1993)

The principles behind the NSW Disability Services Act (1993) are that people with a disability have the same basic human rights as those without a disability and to ensure their specific needs are met.

 

There are 10 standards in the NSW Disability Services Standards being:

Standard 1—Service access

Each client seeking a service has access to a service on the basis of relative need and available resources.

Standard 2—Individual needs

Each client seeking a service has access to a service on the basis of relative need and available resources.

Each person with a disability receives a service which is designed to meet, in the least restrictive way, his/her individual needs.

Standard 3—Decision making and choices

Each person with a disability has the opportunity to participate as fully as possible in making decisions about the events and activities of his/her life in relation to the services he/she receives.

Standard 4—Privacy, dignity and confidentiality

Each client’s right to privacy, dignity and confidentially in all aspects of his/her life is recognised and respected.

Standard 5—Participation and integration

Each person with a disability is supported and encouraged to participate and be involved in the life of the community.

Standard 6—Valued status

Each person with a disability has the opportunity to develop and maintain skills to participate in activities that enable him/her to achieve valued roles in the community.

Standard 7—Complaints and disputes

Each client is free to raise and have resolved any complaints and disputes he/she may have regarding the agency or the service.

Standard 8—Service management

Each service adopts sound management practices that maximise outcomes for clients.

Standard 9—Family relationships

Each person with a disability receives a service which recognises the importance of preserving family relationships and informal social networks, and is sensitive to their cultural and linguistic environments.

Standard 10—Protection of Human Rights and Freedom from Abuse

Each agency ensures that the legal and human rights of people with a disability are upheld in relation to the prevention of sexual, physical and emotional abuse within the service.

Further details on the NSW Disability Services Standards (1993) visit http: /www.kaiyu.org.au/resources/index.htm and click on the link to the standards.

It is important to recognise that these service standards are embedded in legislation.  For example, the NSW Disability Service Standards (1993) are derived from the Commonwealth Disability Services Act (1986).

It is equally important to understand the Act that relates to your work.  Working in a Commonwealth funded organisation could mean national standards apply to you rather than State.  For example The Commonwealth Disability Services Act (1986) would apply if you worked in an employment program supporting people with a disability.

As you can see by the above activity, legal requirements vary according to the target group, but some legislation operates across all service types, such as Occupational Health and Safety Act (2000) and the Anti-discrimination Act (1977).

 

 

 

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