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Reception    >   Unit: CHCCS400A
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Unit Introduction

Hi and welcome to CHCCS400A Work within a relevant legal and ethical framework. This unit describes the knowledge and skills required to work within a legal and ethical framework that supports duty of care requirements. Below is the formal information about the competency.

But if you want to begin the learning activities for this competency, then start with the Learning Topics. these can be accessed either in the left hand navigation bar, or by clicking the computer icon in the navigation bar above.

This unit has 4 Elements

Elements define the essential outcomes of a unit of competency. The Performance Criteria specify the level of performance required to demonstrate achievement of the Element. Terms in italics are elaborated in the Range Statement.

  1. Demonstrate an understanding of legislation and common law relevant to work role

1.1     Demonstrate in all work, an understanding of the legal responsibilities and obligations of the work role
1.2     Demonstrate key statutory and regulatory requirements relevant to the work role
1.3     Fulfil duty of care responsibilities in the course of practice
1.4     Accept responsibility for own actions
1.5     Maintain confidentiality
1.6     Where possible, seek the agreement of the client prior to providing services

  1. Follow identified policies and practices

2.1     Perform work within identified policies, protocols and procedures
2.2     Contribute to the review and development of policies and protocols as appropriate
2.3     Work within position specifications and role responsibilities
2.4     Seek clarification when unsure of scope of practice as defined by position description or specific work role requirements
2.5     Seek clarification of unclear instructions

  1. Work ethically

3.1     Protect the rights of the client when delivering services
3.2     Use effective problem solving techniques when exposed to competing value systems
3.3     Ensure services are available to all clients regardless of personal values, beliefs, attitudes and culture
3.4     Recognise potential ethical issues and ethical dilemmas in the workplace and discuss with an appropriate person
3.5     Recognise unethical conduct and report to an appropriate person
3.6     Work within boundaries applicable to work role
3.7     Demonstrate effective application of guidelines and legal requirements relating to disclosure and confidentiality
3.8     Demonstrate awareness of own personal values and attitudes and take into account to ensure non-judgemental practice
3.9     Recognise, avoid and/or address any conflict of interest

  1. Recognise and respond when client rights and interests are not being protected

4.1     Support the client and/or their advocate/s to identify and express their concerns
4.2     Refer client and/or their advocate/s to advocacy services if appropriate
4.3     Follow identified policy and protocols when managing a complaint
4.4     Recognise witnessed signs consistent with financial, physical, emotional, sexual abuse and neglect of the client and report to an appropriate person as required
4.5     Recognise and respond to cultural/linguistic religious diversity, for example providing interpreters where necessary

Required Skills and Knowledge
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This describes the essential skills and knowledge and their level required for this unit.

Essential knowledge:

It is critical that the candidate demonstrate knowledge of:

  • Specific principles underpinning duty of care and associated legal requirements
  • Outline of common legal issues relevant to the workplace
  • Overview of relevant legislation in the sector and jurisdictions
  • Relevant standards and codes of practice in the sector
  • Rights and responsibilities of clients
  • Rights and responsibilities of workers
  • Principles and practices for upholding the rights of the client
  • Strategies for managing complaints
  • Principles and practices of confidentiality
  • Importance of ethics in practice
  • Distinction between ethical and legal problems
  • Strategies for addressing common ethical issues
  • Strategies for contributing to the review and development of policies and protocols
  • Occupational health and safety (OHS) requirements

The candidate must also be able to demonstrate relevant knowledge required to effectively perform task skills; task management skills; contingency management skills and job/role environment skills as outlined in elements and performance criteria, such as knowledge of:

  • Overview of the legal system
  • Types of law
  • Principles and practices for upholding the rights of the children and young people
  • Principles of ethical decision-making
  • Types of abuse experienced by client (including systems abuse)
  • Strategies for managing abuse of a client
  • Reporting mechanisms for suspected abuse of a client
Essential skills

It is critical that the candidate demonstrate the ability to:

  • Demonstrate understanding of and adherence to own work role and responsibilities
  • Follow organisation policies, protocols and procedures
  • Work within legal and ethical frameworks

In addition, the candidate must be able to demonstrate relevant task skills; task management skills; contingency management skills and job/role environment skills
These include the ability to:

  • Apply reading and writing skills required to fulfil work role in a safe manner and as specified by the organisation
  • Apply oral communication skills required to fulfil work role in a safe manner and as specified by the organisation
  • Apply problem solving skills that require negotiation to resolve problems of a difficult nature within organisation protocols
  • Consult with a variety of stakeholders in order to achieve service objectives
Range Statement
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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
  • People seeking advice and assistance
  • Children and families using children’s services

Contexts of work role may include :

  • Work undertaken in:
  • client’s own dwelling
  • independent living accommodation
  • residential aged care facilities
  • community centres
  • children’s services centres
  • carer’s home
  • Work in the context of:
  • community, government or private agency or organisation
  • services delivered as a sole trader
  • providing telephone advice and assistance

Identified Organisation policies, protocols and procedures refer to:

  • Guidelines and practices developed to address legal, ethical and regulatory requirements, including:
  • formal, documented guidelines of an organisation
  • informal practices used by a small organisation or individual owner/operator

Key statutory and regulatory requirements may include those related to:

  • Building standards
  • Care and education of young children
  • Child protection and guardianship legislation
  • Criminal acts
  • discrimination and harassment
  • Equal employment opportunities
  • Freedom of information
  • Health records legislation
  • International and national standards
  • mental health legislation
  • OHS
  • Pharmaceutical benefits
  • Poisons and therapeutics
  • Privacy legislation
  • Public health
  • Registration and practice of health professionals
  • Residential and community services
  • Restrictive practices

Report may be, and include:

  • Verbal:
  • telephone
  • face-to-face
  • Non-verbal (written):
  • progress reports
  • case notes
  • incident reports

Rights may include:

  • Privacy
  • 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 conduct, practice and ethics
  • Accreditation standards
  • 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

Appropriate person may include:

  • Member of senior management
  • Colleagues
  • Health professionals
  • External agencies (complaints and advocacy services. professional registering authorities, child protection authorities)
  • Law enforcement officers
  • Advocates/family members

If you want to begin the learning activities for this competency, then start with the Learning Topics.

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© State of New South Wales, Department of Education and Training, 2010
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