Legal and Ethical2

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Assessment event 2 of 3: Case study

Criteria
Unit code and name
CHCLEG001 – Work legally and ethically

Qualification/Course code and name


Select your Qualification/Course code and name from the dropdown.

CHC42021 | Certificate IV in Community Services

Student details
Student name

Malena Danielewicz

Student number

881104347

Document title: CHCLEG001_AE_CS2of3 Page 1 of 16


Resource ID: POP_23_001_CHCLEG001_AE_CS2of3
Version: 20230619

Date created: 19 June 2023

© TAFE NSW 2023


RTO Provider Number 90003 | CRICOS Provider Code: 00591E

This assessment can be found in the TAFE NSW Learning Bank.

The content in this document is copyright © TAFE NSW 2023 and should not be reproduced without the
permission of TAFE NSW. Information contained in this document is correct at time of printing: 27 July 2024.
For current information please refer to our website or your teacher or assessor as appropriate.

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Assessment instructions
Table 1 Assessment instructions

Assessment details Instructions

Assessment event The aim of this assessment is to assess your knowledge and
overview performance in the requirements of the unit.

This assessment is in 2 parts:

 Part 1: Case study scenario on legal requirements

 Part 2: Case study scenario on ethical requirements

And is supported by:

 A submission checklist

 Assessment feedback

Note: This assessment may contain links to external resources.


Access to the long URL is provided via the section located at the
end of this document.

Unit assessment Refer to the unit assessment guide (UAG) before attempting this
guide assessment event. The UAG contains information including
assessment requirements and how to achieve a satisfactory
result.

Submission When you complete this assessment, submit it for marking:


instructions
 keep a copy of all the electronic and hardcopy
assessments you submit to TAFE NSW

 make sure you have completed the assessment


declaration before you submit.

Task instructions
The assessor will use the criteria outlined in the following tasks to determine if you have
satisfactorily completed this assessment event. Follow these instructions to ensure you
demonstrate the required knowledge and skills.

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Part 1: Legal requirements
Read the Case Study Scenario below and complete your responses to questions 1 – 5 in the
spaces provided. Your answer should stay within the suggested word count where given.

For each question, your response must:

 address all parts of each question with examples as appropriate

 use clear and concise language to ensure the intended meaning is understood

 provide references where required, using either the Harvard or APA style

Once completed, submit this assessment to your Teacher/Assessor for marking.

Case Study Scenario 1: Identifying and responding to legal requirements

This scenario is based on the simulated organisation Indigo Community Services and Health
Hub.

This is your first day as a new employee with Indigo Community Services and Health hub, a
large organisation that has multidisciplinary team providing holistic care to its clients. . You
commence your day with an induction and orientation with Brandon, the administrative
officer. He provides you with an information package including documents that relates to
your duties, boundaries and responsibilities within your job role that you are required to
read and sign. You have also been given access to a computer, and he shows you the files
that relate to legal matters.

After your induction, you are partnered with Kristin, who will mentor you with your first visit
to see a client. When you collect the client's file, you note they are currently sitting on the
front bench where there is public access. There is no one around to monitor visitors.

During your client visit, Kristin conducts an assessment of needs. During the assessment, the
client tells Kristen that he is concerned about the pain in his leg wound, which is covered
with a dressing. As this is not part of your job role, Kristin tells the client that she will notify
the Registered Nurse at Indigo Community Services and Health Hub about it, so they can
make a time to come and visit. At the end of the day, you are unsure if Kirstin reported the
wound pain because there are no notes in the client's files about it.

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Short answer questions
Answer the questions in the tables and spaces provided.

1. Explain how the organisational documents and professional requirements shown in


the provided table help you do your job legally and ethically. Each response should
be 30 – 50 words.

Table 2 Organisational documents and professional requirements

Document or requirement Information it provides to enable you to do your job

Defines appropriate conduct for a professional setting,


Code of Conduct/Ethics guaranteeing that acts adhere to moral principles and the
values of the company. In dealings with clients, this
promotes honesty and integrity.

Determines the standard and efficacy of the treatment


Practice standards given while guaranteeing compliance to legal and
professional obligations. This guarantees efficient and safe
client care.

Clarifies the duties and boundaries of a job role by defining


Job description
particular roles and responsibilities. This promotes
accountability and helps prevent crossing lines.
Legal duty to protect clients' safety and wellbeing and to
Duty of care direct steps to avert harm. These guarantees clients
receive excellent care.

Guarantees that clients receive fair treatment and that


Client rights their rights to privacy and informed consent are upheld.
This preserves legal requirements as well as ethical
standards.

Establishes standards for keeping a secure workplace that


Work, Health and Safety protects staff and clients from danger. Legislation
policies and procedures regarding health and safety is therefore guaranteed to be
followed.

Assessor feedback

Satisfactory Unsatisfactory
[Insert comments]

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2. Why is it important that staff be able to access these documents during their
employment? (Your answer must be 30 - 50 words.)

To ensure that employees can carry out their jobs in a safe, lawful, and efficient manner, it
is imperative that they have access to critical papers while they are employed. Accessible
Work, Health, and Safety (WHS) documents offer crucial policies and procedures that
support staff members in following legal obligations, averting mishaps, and reacting
suitably in an emergency.

Assessor feedback

Satisfactory Unsatisfactory
[Insert comments]

3. Within the role of a support worker in a health and community service organisation:

a) Identify 5 of your legal rights that must be implemented by the organisation.

- Right to a safe work environment

- Right to fair compensation

- Right to non- discrimination

- Right to privacy and confidentiality

- Right to report concerns and protection from retaliation

b) Identify 5 legal responsibilities required of all support workers.

- Duty of care

- Confidentiality

- Mandatory reporting

- Health and safety compliance

- Adherence to policies and procedures

Assessor feedback

Satisfactory Unsatisfactory
[Insert comments]

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4. In the provided scenario, there was a breach of client confidentiality.

a) Identify what happened and why this was a breach. (Your answer must be 40 – 60
words.)

Unattended client files were left on a bench in the open, making them available to
unauthorized people. This is a violation of confidentiality since it violates legal obligations
and privacy standards by exposing private client information to possible misuse or
unauthorized access.

b) Who would you report this breach too, and how would you report it?

In accordance with the organization's incident reporting protocols, notify the compliance
manager or the immediate supervisor of the breach. Usually, this entails completing an
incident report form and sending it by email, in accordance with organizational standards,
or using the assigned internal reporting system.

Assessor feedback

Satisfactory Unsatisfactory
[Insert comments]

5. Within the scenario there was also a breach of duty of care.

a) Identify what happened and why this was a breach. (Your answer must be 40 – 60
words.)

Due to Kristin's errors of judgment, the Registered Nurse was not notified of the client's
leg wound pain, which prevented prompt medical attention. Because it disregards the
obligation to guarantee the client's safety and well-being, this duty of care violation may
cause the client's condition to worsen.

b) Who would you report this incident too, and how would you report it?

Inform the clinical manager or your direct supervisor about the occurrence. To accomplish
this, fill out an incident report form, explain why the client's health issue was not
communicated, and submit it in line with the organization's reporting guidelines. This may
involve sending the form electronically via the internal system or in writing.

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Assessor feedback

Satisfactory Unsatisfactory
[Insert comments]

Part 2: Ethical requirements


Read the Case Study Scenario below and complete your responses to questions 1 – 7 in the
spaces provided. Your answer should stay within the suggested word count where given.

For each question, your response must:

 address all parts of each question with examples as appropriate

 use clear and concise language to ensure the intended meaning is understood

 provide references where required, using either the Harvard or APA style

Once completed, submit this assessment to your Teacher/Assessor for marking.

Case Study Scenario 2: Identifying and responding to legal requirements

This scenario is based on the simulated organisation Indigo Community Services and Health
Hub.

After working for a couple of weeks now, you have become familiar with the protocols and
responsibilities. Yesterday, however, a couple of incidents occurred that left you feeling
concerned about the conduct of your colleague, Karen.

Your first client visit was to David, who requires support and monitoring as he manages his
mental health illness. During the visit, Karen spent all the time talking to David's partner,
Henry. You overheard Karen tell Henry that she believes that she thinks that David should be
taking cannabis oil and that the cannabis oil would probably work better than his
medications. Karen also mentioned to Henry that she has a friend that sells the cannabis oil
and gave Henry his number. Henry said he would call him tomorrow. Karen did not talk with
David while she was there.

Your second visit was to Ben, who has not been attending school due to depression. Your
requirements are to assist Ben with some work that the school has sent home. Karen, you
and Ben sat down at the kitchen table and spread out the schoolbooks and a laptop. Karen
then took a personal telephone call and stood outside talking for 15 minutes. You were left
with Ben, who started to get frustrated with his schoolwork and then stood up and threw a
chair across the room. Karen immediately ran to assess the situation and provided assistance
and calmed Ben down. Ben insisted he was fine and would not do it again and was observed
to have no injuries. Karen said she would deal with the paperwork later. You began to phone

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the supervisor to report the incident when Karen told you not to, as it was not necessary.
She said, "Let's just act like nothing happened, otherwise we'll have so much more
paperwork to do. Ben is fine. It was just a one-off thing – I'll know to supervise him more
carefully next time! Come on, let's finish here quickly so we can get back to the centre and
go home."

Short answer questions


1. Identify 4 of your own ethical values that you would apply to your working
responsibilities as you support people in your job role to ensure non-judgemental
practice. (Your response should be 20 – 40 words in total).

 Respect
- Appreciating the distinct viewpoints and decisions of every client.
 compassion
- Perceiving and experiencing the emotions of those you serve.
 Honesty
- Upholding ethical behaviour and honesty in all dealings.
 Confidentiality
- Maintaining the privacy and security of customer information is known as
confidentiality.

Assessor feedback

Satisfactory Unsatisfactory
[Insert comments]

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2. In the table below, provide at least 2 practical examples of how you would apply the
ethical requirement within the scope of your job role. (Each answer should be 20 – 40
words.)

Table 3 Ethical requirements

Ethical requirement Example of practical application

1. Every human being, regardless I would make sure I do my part to make the
of ethnicity, gender, beliefs, age, environment feel safe and inclusive by having
social status, or other individual knowledge posters, factsheets and diverse art pieces
differences, has a right to in the space I am in. I will also encourage and
maximise his or her potential, empower people without discriminating but
providing it does not infringe spreading awareness to people.
upon the rights of others.

2. All staff and volunteers must Setting strong boundaries within the relationships
refrain from any personal with the staff and volunteers to have a clear
behaviour which may damage the understanding and avoid overstepping boundaries.
community service work Avoid bringing your personal beliefs and values as a
profession. form of treatment or advice to prevent conflicts.

3. All staff and volunteers should Keeping all workers up to date with the workplaces
provide loyalty and support to policies and legal and ethical requirements to
colleagues where this does not understand the guidelines. Make the workplace
contradict the principles of inclusive and supportive while still being able to
ethical requirements. openly discuss any unethical behaviours.

Assessor feedback

Satisfactory Unsatisfactory
[Insert comments]

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3. Identify 2 ethical issues from your client's visits and for each issue, explain the reason
why this cannot be overlooked. (Your answer must be 75 – 100 words.)

1. Without seeking expert medical advice, Karen recommended cannabis oil to


David's partner, which is against the law and unethical. It violates professional
norms, might jeopardize David's health, and might put Karen and the
organization in legal difficulties. After a thorough evaluation, a trained healthcare
professional must provide such recommendations.

2. Ben's violent outburst was not reported by Karen, which is against organizational
policy and duty of care. Not reporting the occurrence contradicts the need to
keep correct client records, which guarantees appropriate future care, ignores a
possible risk to Ben and others, and impedes effective documentation and follow-
up.

Assessor feedback

Satisfactory Unsatisfactory
[Insert comments]

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4. You decide to discuss Ben’s incident, leaving a client, using personal mobile, and not
reporting with Karen. Write what you would say to Karen, ensuring you are non-
judgemental and avoid referring to your own values and attitudes. (Your answer must
be 60 – 80 words.)

"Karen, I want to discuss our visit regarding Ben. I observed certain problems, such as the
call that you answered and the failure to report the occurrence. To guarantee the
security of our clients and accurate documentation, it is crucial that we adhere to
protocol. Can we talk about how to deal with these circumstances more skilfully in the
future instances?"

Assessor feedback

Satisfactory Unsatisfactory
[Insert comments]

5. Karen becomes defensive when you talk to her and is annoyed that you see it "as
such a big deal. Staff do it all the time. If you don't, you'll never get through all your
work!" You don't agree and can clearly see how the client's level of risk could
increase as a result. Identify 3 problem-solving techniques you could use to resolve
this issue. (Your answer must be 50 – 70 words.)

1. I would be open and listen to what Karen has to say, I will ensure that her feelings
are getting heard and understood.

2. If issues escalate or lead to bigger conflict, I will involve a mediator like a


supervisor to hold a discussion for another perspective and or help solve the issue.

3. Focusing on maintaining professionalism by making sure all interactions are


respectful and focus on problem solving rather then personal attacks

Assessor feedback

Satisfactory Unsatisfactory
[Insert comments]

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6. You decide you will need to report the 2 incidents to your supervisor: the conflict of
interest and the near-miss with Ben. Outline how you would discuss this with the
supervisor, including the setting and the language you would use. (Your answer must
be 20 – 50 words.)

"Is it possible for us to talk about two recent instances in your office? I must disclose a
possible conflict of interest involving Ben and Karen, as well as a situation that might have
been harmful. It's critical that we take care of things to guarantee client adherence and
safety."

Assessor feedback

Satisfactory Unsatisfactory
[Insert comments]

7. There is a policy that covers using mobile phones at work, however, you found it a
little confusing. Identify 3 potential feedback mechanisms you could use to give input
into the review of workplace policies and procedures on this issue. (Your answer
must be 20 - 40 words.)

 Frequent meetings to bring up any questions or confusions in the workplace


 Have a feedback evaluation form every month
 Have a box to anonymously write feedback and or any concerns
 Provide feedback on every agenda meeting

Assessor feedback

Satisfactory Unsatisfactory
[Insert comments]

Submission checklist
Submit the following for marking:

This completed Assessment event 2 of 3: Case study

Written questions

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External resources – Links and URLs
Long URLs and permalinks are provided for access to content when the assessment is not
used digitally, for example, not clickable.

Table 4 Long URLs

Resource Name Long URL

Learning Bank https://share.tafensw.edu.au/share/home.do

TAFE NSW https://share.tafensw.edu.au/share/items/d36df03f-9651-4d43-


Assessment 8c9d-a299699e8585/0/?attachment.uuid=30e52f91-8a9f-4df1-
Guidelines bf7f-91168307cfb9

Research and https://tafensw.libguides.com/research/referencing


referencing skills

NSW Government https://www.psc.nsw.gov.au/culture-and-inclusion/workplace-


Ethical Framework culture/the-ethical-framework

TAFE Meadowbank Found on MST


Cert IV Legal and
Ethical PowerPoints

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This page is not required for online assessment submissions.

Student assessment declaration


This assessment is my original work and has not been:

 copied from any source without proper referencing

 written for me by any other person except where such collaboration has been
approved by a teacher or assessor.

Student signature and date

Reasonable adjustment
Reasonable adjustment was in place for this assessment event.

If so, please provide details of any reasonable adjustment strategies that were implemented:

[Insert reasonable adjustment strategies]

Assessment outcome
Satisfactory Unsatisfactory

Comments

[Insert comments]

Assessor name, signature and date

Student acknowledgement of assessment outcome

[Would you like to make any comments about this assessment?]

Student name, signature and date

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