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CHCCS400C

Work within a Legal and

Ethical Framework

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Element 3

Working Ethically

1. Protecting the rights of clients2. Using effective problem-solving techniques to resolve

differences in value systems3. Delivering services to all clients4. Recognising and discussing potential ethical issues and

dilemmas5. Recognising and reporting unethical conduct6. Working within your job role7. Applying disclosure and confidentiality guidelines and legal

requirements8. Taking into account your own values and attitudes9. Recognising, avoiding and addressing conflict of interest.

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The clients we care for have the some needs, desires and rights as everybody

else, be familiar and have an understanding of the laws, legislations, charters, industry standards, codes of

conduct and accreditation standards that apply in your day-to-day duties

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Ethics are principles that guide your decisions and actions in a way that ensures you are safeguarding the

rights and interests of the people in your care.

Ethical is defined as;

“in agreement with accepted principles or rules for right conduct”

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When you know the legislations and standards you are obliged to meet, you need to apply this knowledge to your

work.To do this effectively consider your clients’ rights in the following 10 areas based on the codes of ethics

1. Dignity2. Privacy3. Confidentiality4. Informed choice5. Access to services6. Social needs7. Freedom of association8. Lodge a complaint

• Internal• External• Advocacy

9. Express ideas and opinions10. An agree standard of care

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When working in community services be aware of the values held by your clients, family members and carers

as well as your own.

Never assume you client and co-workers share you values or beliefs

You do not have to agree with other peoples values, ideas and beliefs but you must be respectful of their

rights to have their values

Never impose your values on others

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When beliefs and value systems differ, there is the potential

for conflict and misunderstanding.

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Respecting individual differences:

• Attitudes

• Values

• Beliefs

• Culture • Gender roles• Sexuality

Create a client centred approach

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As a support worker you will need to make a number of difficult decisions based on an ethical rather than a legal situation.

These ethical issues you need to be aware of;

• Understanding relationship boundaries

• Accepting gifts

• Maintaining client safety and security

• Dealing with conflicting priorities

• Dealing with conflicting rights and responsibilities.

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Ethical dilemmas occur when ideas or actions conflict with what you believe to be ethically correct.

Strategies to deal with ethical dilemmas include:

• Self – evaluation

• Refer to regulations

• Refer to others for discussion

• Network

• Mediations

• Counselling

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Ethical decision – making is the process of evaluation and choosing among alternatives in a manner consistent

with ethical principles.

When making ethical decisions it is necessary to:• notice and eliminate unethical options• evaluate complex, ambiguous and incomplete facts• select the best ethical alternative• have ethical commitment, ethical consciousness and ethical

competency• use ethical thinking and decision-making• notice the ethical issues and being committed to act ethically

are not always enough; reasoning and problem-solving skills are often necessary

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Unethical conduct can occur in many situations. It can be difficult to identify as it may occur behind closed

doors or when no-one else is around.

Unethical conduct can be:

Not following the care plan properly

Walking someone alone who needs to be assisted by two people

Breaching confidentiality

Recording an incident untruthfully

Recording a treatment without having performed the treatment

Skipping care tasks

Performing a procedure you are unqualified to do.

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Unethical behaviour is more likely to occur when a person is:

• overworked• worried or stressed• working with clients who have high-care needs• not building a good rapport with their clients• not suited to the work environment

Before taking any formal steps to report unethical conduct, you need to check that the behaviour is

unethical.

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Unethical behaviour should be reported as soon as possible to your supervisor

Each organisation will have a policy for reporting complaints, problems or grievances.

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To work within your job role you should adhere too:

• the duties and responsibilities outlined in your position description

• your organisation’s policies and procedures

• your scope of practice

• your legal and ethical obligations

• your level of responsibility.

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Consent should be sought from the client before any personal information is disclosed.

The only other circumstances where information can be legally disclosed are:

Where there is a serious threat to a client’s health or safety

Where there is a threat to public health or safety

Where a court has issued a summons or court order for the information

Where there are mandatory reporting requirements in place such as in the case of suspected child/ elder abuse

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Attitude – our personal ideas we have about things

Values – what is important to us

Beliefs – how we see and understand things

Verbal language - the words and sounds we make

Non- Verbal language – body language

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As a care worker do not be judgemental. Our duty of care is to create a professional, supportive and caring

relationship with our clients.

Non Judgemental behaviours include:

• Remember there are other ways of feeling, thinking and behaving

• Don’t expect your clients and co-workers to behave in a certain way

• Accept the opinions and ideas of your clients and co-workers

• Accept clients and co-workers as important individuals• Allow your clients and co-workers to complete tasks in

their own way where possible

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A conflict of interest occurs when a staff member has private or personal interests that

could conflict with their work

Potential conflicts of interest can arise from the following issues:• Emotional• Sexual• Personal• Family• Social• Religious• Financial• Business• Political• Professional• Organisational