CHCLEG003 Manage Legal and Ethical Compliance Answer Doc

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V3Assessment Task 1 – Questioning

1a: During client intake-assessment, what legal and ethical principles would a Community Services
worker have to take into account?

1b: What resources can you use to find information about these principles?

2. After a client assessment, your perception of a client's situation and its underlying problems can be
different from the client. This is called a discrepancy.

a) What rights does the client have when they experience a discrepancy in perception?

b) Give an example of how a discrepancy can be clarified.

3. When you discuss a case management plan with your client, which responsibilities do you have and
which responsibilities does your client have?

Practitioner:

1.

2.

3.

Client:

1.

2.

3.

4. List the seven (7) principles of the charter of client rights in healthcare in Australia and explain each
one briefly in your own words.

1.

2.

3.

4.

5.

6.

7.

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5. Define the terms 'ethical' and 'moral' as they apply in the workplace and describe the difference
between these terms.

‘Ethical ‘means:

‘Moral’ means:

The difference between them is:

6. Why is it important to understand the difference between 'ethical' and 'moral' when working in
Community Services?

7. Provide a list of areas, from your research of the professional codes of conduct for Community
Services Workers or Case Managers, for which you can develop best practice guidelines and policies for
your workplace.

8. Using your own words, answer the following sub questions:

a) What is 'continuous improvement'?

b) Draw a diagram of the continuous improvement cycle.

c) Provide suggestions for both implementing and monitoring the process.

9. When it comes to implementing policies and procedures you will often hear the terms below. Explain
in your own words what each of these terms mean:

 Governance means:

 Compliance means:

 Continuity means:

 Document control means:

 Relevance means:

10. What critical information should a policy and procedure document contain? Provide at least 5
examples. E.g. State its purpose or intent.

1.

2.

3.

4.

5.

11. How are you insured when working for a Community Services organisation? By whom & for what?

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12a. Is there a minimum qualification requirement to work in the Community Services Sector?

12b. Is there a minimum qualification requirement for the role of case manager?

13. What does professional indemnity insurance cover you for legally?

14. Who is the Health and Community Services Complaints Commissioner? And what do they do?

Assessment Task 2 – Case Studies

Case Study 1: You are working as a Case Manager for young people with learning disabilities. Today
you have a meeting with Ben. Ben is a 22-year-old man who has a mild learning disability. He lives
independently and is in contact with a number of Services. The goal of today's meeting is to check in
with Ben, discuss his Case Management Plan and his current goals.

During your meeting with Ben you notice that he finds it quite hard to engage with you properly. Ben
seems very restless and can't sit still, he keeps scratching his skin, talks fast and at times changes
subjects without warning. His pupils are slightly dilated and you also notice his knuckles are cut and
bruised. You ask Ben whether he has been using any drugs or alcohol. Ben states he has been using
'Ice' recently. You ask Ben how often he has been using. He replies that it started off with a few times
a month but that recently he has been using every day.

Ben starts crying and says he is 'coming down' from Ice right now but he does not have any money to
buy more. He receives a Disability Pension but has spent all of it on drug. He didn't think he would get
addicted so easily. At the start using Ice was just a bit of fun but now that he can't do without he
doesn't know what to do.

Then Ben confesses that last night he robbed a drunk man off his wallet. He had seen the man
stumbling out of the pub and took his chance. They got into a fight. This is how Ben hurt his hands. He
eventually got hold of the drunk man's wallet. He used the money to buy himself more drugs and
threw the wallet and the rest of its contents in the bin.

Ben seems very upset about what he has done. He cries uncontrollably.

Using your own words, answer the following questions:

1. As a Case Worker, what is your obligation to Ben and what are Ben’s rights in this situation?

As a case worker it is my duty to guide Ben back on the right path. It’s my obligation to help Ben cope
with his addiction and financial problems. Ben has the right to privacy because of his misdeeds. He
also has the right to be rehabilitated and counseling.

2. Is it necessary to document the events around your session with Ben? Why?

Yes, every detail should be documented. This is to help assess Ben’s situation and to help the case
worker formulate a solution based on the foregoing facts. This is standard procedure that needs to be

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followed.

3a. In what circumstances would the organisation reasonably believe that the use of disclosure is
necessary?

In circumstances where the issue involved is legal in nature.

3b. How are organisational policies and procedures relevant to this case?

Given the nature of Ben’s case, organizational and procedures are used as a tool to measure the
severity of Ben’s case.

3. What Act would be applicable to disclosure laws?

Privacy Act 1988

4. Why do all workers have a duty of care to others?

Workers have the duty to care for others not because their job requires them to do so, but it’s
because it is the humane thing to do. It’s human nature to help others who desperately need mental
and physical help.

Why is the duty of care of a worker to a client such as Ben particularly relevant in the Health and
Community Services industry?

It creates an understanding between the different classes of clients that case workers face every day.
The health and community services industry can learn a lot from the different experiences of their
case workers. This will help them formulate better actions and solutions

6. Having consulted with management, you decide that the Police should be made aware of the details
relating to Ben. What do you need to consider when giving out Ben’s information?

Ben’s privacy is the top priority in cases as such. Second is that I need to consider Ben’s medical
background and mental history. Also, there must be a valid consent from Ben to disclose his case to
the police.

Case Study 2

You are a Community Services Worker, working as part of a large team for a Multicultural Support
Organisation. Part of your role is assisting the manager with internal auditing of policy and procedures
to ensure not only compliance but good management practices for the organization.

Your manager has indicated to you that a client has formally put in a complaint regarding one of the
other workers. You are to read the case notes concerning the client, which are written by the worker
the complaint is made against. Your manager is busy and because you have been with the

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organization for a good length of time, this time you will handle the complaint and manage the whole
process. You now decide that before you continue with handling the complaint it would be a good
opportunity to read through applicable policies so as they may assist you in the process.

Having read the case notes and policies, you now have an understanding that the worker allegedly
made unprofessional remarks to the client. The client had told the worker in a support session that he
was gay, how this was difficult for him because of his cultural background and had asked for support
concerning this matter.

In response, the worker had suggested that being attracted to the same sex is usually just a phase
young men go through. He had also stated that homosexuality was ‘sinful’ and that the client better
spends his energy focusing on women as that would eventually help him forget about men.

Using your own words, answer the following questions:

1. Which legal and ethical policies apply to this case?

Workplace code of conduct and Professional Ethical Standards.

2. What are the possible breaches that the worker has committed?

The worker has breached the workplace code of conduct and the professional ethical standards. By
pushing your personal beliefs to others creates a gap between you and the client.

3. What guidelines should you follow the grievance policy in order to reach an outcome that
respects differing points of view?

By Recognising cultural diversity and beliefs, a better outcome may be reached in differing points of
view.

4. To which information does the client have a right to access, in this case?

The client has the right to access the worker that disrespected his sexuality.

5. Why is it important to use oral communication, read and write case notes, policy and
procedures, referrals and other relevant documentation accurately and factual?

It’s important because of accuracy in documentation leaves no room for error and doubt as to what
really happened. Oral communication also helps in dispute resolution as the parties are given the
chance to voice out their concerns.

Case Study 3

As part of professional development, your supervisor has asked you to do some research to identify
health issues that relate to Aboriginal and Torres Strait Islander people, particularly issues impacting
on health.

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The suburb you work in has a new Aboriginal Community Centre and you envisage client referrals
from the centre. You also have staff members who are Indigenous and you are trying to create an
understanding between staff of cultural diversity.

Your research has identified problematic areas such as alcoholism, drug dependence and other
genetic and social factors. Indigenous people place extreme importance on their historical past and
their connection to the land.

Using your own words, answer the following questions:

1a. What does it mean to ‘promote cultural diversity’?

It means that people from all walks of life have an equal chance in society. Promoting cultural
diversity encourages other races to accept the fact that there are cultures which are different from
their own.

1b. Why is it important?

It’s important because promoting cultural diversity creates a better environment for all individuals
regardless of color, race, or ethnic background.

2. What are the major health issues of Indigenous people? Do your own research.

The major health issue of indigenous people includes refractive error, cataract, diabetic retinopathy,
and coronary heart disease.

3. What must be taken into account about access and equity for Indigenous people in Health and
Community Services?

Cultural differences and tradition should be taken into account before anything else.

Case Study 4

As part of ongoing compliance, you have been notified of a combined environmental audit from the
Local Government Health Department and EPA. You are now preparing for the audit.

Using your own words, answer the following questions:

1. What are the things you would consider as part of your review?

Health and sanitation, waste segregation, and environmental compliance.

2. Why is it important to separate waste?

Waste segregation helps minimize the formation of toxic substances in landfills which contaminates
nearby civilization and water source.

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CHCLEG003– Student Assessment 1 Version 3 – Oct 2017 Southern Cross Education Institute