Legal and Ethical Compliance Essay.
Legal and Ethical Compliance Essay.
Question 2
(a) The Declaration of all Human rights was announced by the United Nations General Assembly Resolution 217 a (III) of 10 December 1948. It is considered as the Universal Declaration of Human Rights and acts as the common standard of achievement of human rights for all individuals in the world. The aim of enacting ‘right to work’ is to provide everyone with the opportunity to earn their livelihood by choosing their preferred occupation. Hence, it will facilitate the process of working with agencies and clients, as everyone will be aware of their rights and claims. The declaration consists of 30 Articles, wherein Article 1 states, “All human beings are born free and equal in dignity and rights” (Australian Human Rights Commission, 2012).Legal and Ethical Compliance Essay.
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1. The article that supports the Right of Clients from the United Nations Declaration of Human Rights can include
State of New South Wales, Department of Education and Training. (2009). Client rights. Retrieved from https://sielearning.tafensw.edu.au/MCS/CHCAOD402A/chcaod402a_csw/knowledge/rights/rights.htm
2. The article that supports the Right of workers from the United Nations Declaration of Human Rights can include
The Global Compact. (2006). Business leaders initiative on human rights. A Guide for Integrating Human Rights into Business Management, 3-43.
(b) People with disabilities are protected by several international human rights treaties and federal laws. These also protect them from discrimination and restrict people from breaching their human rights. Among the treaties, the ‘Disability Discrimination Act 1992’ can be effectual. The provision of section 12 under the law of a State or Territory can be a reference that handles discrimination in the areas of disabilities. C/W Government in Australia has implemented a total of 5 clauses with sub-clauses related to disability under Operation of State and Territory laws to ensure that ‘Disability Rights’ that are maintained by the policy agency (Australia, 2016).Legal and Ethical Compliance Essay.
(c) The concept of human rights and basic human needs are strongly connected. It ensures the persistence of the value of each person. Universal Declaration of human rights can be expressed through Glasser’s Choice Theory 5 Basic Needs, which represents individuals’ fundamental rights of survival, love, and belonging, power, freedom, and fun, which are required for every individual to live their lives regardless of social, political, or economic situations (University of South Australia, n.d.).Legal and Ethical Compliance Essay.
Question 3
(a) Public Liability Insurance is aimed to protect all the insured organizations in case of any personal injury or property damage claims faced by an entity due to third party mischiefs. The third-party is liable to pay compensation to the organization, who are vulnerable to the risk of injury or damage that occurred under the provision of the Public Liability policy. An organization must ensure to be acquainted with Public Liability Insurance, as without it, the financial security of the organization is at stake. Furthermore, without adequate protection, the reputation of the organization can take a significant time for recovering the claims (Ansvar Insurance, n.d.).
(b) Workers’ Compensation provision has been enacted as a backing system in case they meet accidents or they face repetitive stress injury, as well as work-related illness or injury at their workplace. However, the owner of most of the insurance companies denies accepting the claims in the process of negotiation, arbitration, and conciliation. One of the major reasons for denying these claims by the company owners can be the absence of witnesses or the lacking of transparency between the medical reports and accident reports (Zupanov, 2017).Legal and Ethical Compliance Essay.
(c) The legislation that covers the right to workers’ compensation is considered under ‘The Workers’ Compensation and Injury Management Amendment Act 2018’. Under this provision of the act, the dependent family members of the workers are liable to receive adequate monetary compensation in case any worker faces work-related injuries or even if come across to death. Thus, reasonable, and timely compensation must be provided to the family. The organization that holds the constitutional authority charge is WorkCover WA. The organization is further involved in monitoring the process of workers’ compensation and reintegration schemes for Western Australia (WorkCover WA, 2019).Legal and Ethical Compliance Essay.
Question 4
(a) In Western Australia, the legislative act that is responsible for coordinating, enforcing, monitoring, and encouraging workers’ health and safety requirements is recognized as ‘The Occupational Safety and Health Act 1984.’ The OSH Act further guides the employees, manufacturers, suppliers, and self-employed people about their duties and responsibilities as a code of practice to achieve occupational safety and health.Legal and Ethical Compliance Essay.
(b) Section 23I -K of the ‘OSH Act’ is particularly relevant to maintain the health and safety of the workers, wherein the employees are liable to report against any unsafe work situation. They are also required to identify any actions required to be taken to maintain safety and report against certain employee injuries. Notably, section 19 of the ‘OSH Act’ requires the employees to follow the safety measures and conduct reasonable practices to protect the health and safety of each other and the other people including staff within the workplace. These sections of the ‘OSH Act’ are incorporated with the safety concern of workers in a community service organization (Occupational Safety and Health in The Public Sector, 2007).Legal and Ethical Compliance Essay.
Question 5
| Workers | Employers | Clients | |
| Rights | ‘Fair Work Ombudsman’ is used as the most effective instrument to support and encourage workers | ‘The Alert Force’ follows the WHS guidelines to make the employers aware about their rights and responsibilities | TAFE NSW Sydney eLearning Moodle explains about clients’ rights and how they must be treated |
| Framework/approach or instrument used in the workplace to support this right | Under the domestic legal framework, there are two major approaches including ‘The Fair Work Act 2009’, and ‘Disability Discrimination Act 1992 (Cth) (DDA)’. The other policies include the ICESCR provision that confirms the right to work regardless of any inequalities and to ensure equal enjoyment among women towards their right to work at their respective workplaces (Australian Human Rights Commission. (n.d.). | Sources of employers’ rights in an organization are quite similar as the workers’ rights include ‘The Fair Work Act 2009’, ‘Privacy Act 1988’, and the ‘Workplace Gender Equality Act 2012’. | The sources of Clients’ rights are Amendment of OHS legislation as new WHS legislation including CHC08 Version 3 and 4, as CHCCS419B and CHCCS419C to support the clients’ rights and provide them with the required services (Australian Government, 2012). |
| Responsibilities | ‘Duty of Care’ is the major responsibility for the workers for maintaining safety at workplace. | Department of Mines, Industry, Regulation and Safety and Government of Western Australia illustrates the employers’ responsibilities at workplace | Genetic Alliance Australia explains about client’ responsivities and responsibilities |
| Framework/approach or instrument used in the workplace to support this responsibility | According to ‘International Human Rights Obligations’, workers should encourage each other to work with responsibilities based on the prohibition of discrimination existing in the Australian legal framework (Australian Human Rights Commission (n.d.). | The employers are responsible for ensuring a safe environment for operation and providing adequate equipment when required. | The major responsibilities of clients are to encourage the client-support practice framework and the Commonwealth Home Support Programme (CHSP). It involves maintaining the guideline regarding clients’ responsibilities and contribution in the progression of an entire process or arrangements (Australian Government, 2018). |
Question 6
(a) Professional boundaries are considered as the legal, organizational, and moral frameworks that create a shield for both clients and employees, or workers, from any physical and emotional abuse by supporting a safe working environment. Hence, both the employees and employers along with the clients are responsible for maintaining professional boundaries, as maintaining a healthy and supportive environment are depended on three of them (Relationships Australia Victoria, n,d). The Australian Community Workers Association (ACWA) acts as a core professional association for community workers, who are responsible for maintaining work role boundaries within a community service organization. Considering ACWA to be described as a community work practitioner, an individual must have an adequate and required qualification for the position along with having the values, skills, and strong knowledge base to operate separately (ACWA, 2017).Legal and Ethical Compliance Essay.
(b) The manager should meet the ethical responsibilities as per the workplace policies and protocols proposed by the Australian Community Workers Association (ACWA). The managers should supervise whether the employees maintain their professional code of practice within their operations. Professional boundaries in social works especially in the case of the community service sectors are required to be maintained to assist the workers and clients to understand their respective roles more effectually. Aspects that managers are liable to concern upon are ensuring team coherence by providing a framework to maintain a relationship with clients that will help to enhance clients’ trust (Cooper, 2012).Legal and Ethical Compliance Essay.
Question 7
| Legal responsibilities specific to mangers at this agency | Legal liabilities specific to managers at this agency | |
| Department of Child Protection and Family Support | Providing child protection services to children, safeguarding them with welfare despite their age, gender, race, or social class, as each child has equal rights to receive protection. | It involves maintaining the provisions of social and financial concerning the well-being of children, families, and communities. It also includes maintaining the protection and care of children, the employment of children, and childcare service as per the Child Welfare Act 1947, the Welfare and Assistance Act 1961, and the Community Services Act 1972. |
| Youth Detox Facility | The major two responsibilities of the managers are rectifying whether the employees are effectively carrying out the rehabilitation programs and managing the charitable funds to conduct the programs effectively. | Although there is no specific legislation existed in Australia regarding Youth detox facility, still there are several community measures in the form of programs that are enacted by Federal, State and Territory governments to reduce harm from illicit drug use including Drug and Alcohol Youth Service (DAYS) (Mission Australia, 2018). |
| Youth Drop-In Center | The managers are responsible for Young people’s use of computers, street works, ‘duty of care’ by the managers to be considered as legal responsibilities. | Legal liabilities that frame duty of care are consisting of Australian anti-discrimination laws, privacy laws, public health law, and tenancy law (Youth Action, 2020) |
Question 8
One of the major regulatory forms related to the health and safety of the workers associated with community service sectors is recognized as the ‘Australian Council of Social Service’ (ACOSS), which aims to advocate certain provisions for reducing poverty as well as the concept of inequality and discrimination. ACOSS operates in cooperation with the community service sectors, wherein the organizations that are aimed to remove workplace discrimination are involved in providing these services adherents to ACOSS (ACOSS, n.d.).Legal and Ethical Compliance Essay.
Functions of ACOSS
ACOSS generally operates as a supporting system for the organizations, who want to maintain a healthy working environment within the workplace. Hence, the core function of ACOSS is to advocate the advanced and effectual provision of social services while serving the interests of the associating members (organizations) and service users by developing certain policies. ACOSS majorly emphasizes supporting the private organization, as the government is unable to provide them adequate funding. ACOSS precisely works on facilitating the relationship between the government and community services sectors (collaborated organizations) to smoothen the funding procedure as well as contractual relationships (ACOSS, n.d.).Legal and Ethical Compliance Essay.
Operating Procedure of ACOSS
ACOSS operates as a development authority that is majorly concerned about the issues faced by the social service sectors regarding sustainability and development. ACOSS mainly operates to reduce the problems of workforce issues, support the workers to restrain and develop their careers with the assistance of innovative practices and build the connection of the organization with government and other funding institutions. ACOSS operates its functions on behalf of the people with low-income levels (ACOSS, n.d.).Legal and Ethical Compliance Essay.
Question 9
| Instrument used | The framework used to inform and support service delivery | |
| Informed consent | To secure clients’ consent, the agencies can use the instruments including a description of clinical investigation, alternative procedures of treatments, maintaining the confidentiality | A regulatory framework that ensures peer support workers, using the general guide while informing patients |
| Mandatory reporting | An instrument of mandatory reporting including Royal Commission to rectify the cases of child abuse and neglect | The framework of the Families Act (1997) is used for Child protection within the area of public law where authorities engage in family settings due to the allegation of harm or significant risk for the children |
| Practice standards | Principles and core elements within community services and community work practitioner while providing services for assessment model Critical issues in assessing performances | The Framework of community services outlines the philosophies, provinces, along with roles and responsibilities of quality governance that also comprises measures of achievement, and pointed out the inadequate governance. It is premeditated for use across all community services delivered, which is monitored and funded adequately. |
| Worker/client boundaries | As per the ACWA Code of Ethics, social inclusion, individual differences along with social, educational, and economic participation. | An ethical framework to focus on providing practical information on certain key issues related to ethnicity and professional boundary. |
| Privacy, confidentiality, and disclosure | Bilateral agreements within community services considering the legislation that deals with privacy, secrecy, as well as confidentiality | To protect the privacy and confidentiality within the organizations and agencies in Australia, the major two frameworks that can be used are The Australian Privacy Principles (or APPs) and core concepts of the framework under the Privacy Act 1988 (Privacy Act). |
| Records management | Document scanner to ensure secured policy agency practices and electronic document management system or recognition software can be used | Record management can be used as a framework for guiding the community services in the form of policy agencies to treat the core management documents and information including policies and tools in a proper way |
Question 10
(a) Western Australian Association of Youth Workers (WAAYW) 2014 distinguishes the ethical and unethical youth work practice, which further prevents corruption through the Code of Ethics for Youth. However, the key practices, which are prohibited by law, are consisting of alcohol and drug intake by minors (prohibited by ‘Summary Offences Act 1998’ and ‘Poisons and Therapeutic Goods Act 1966’). The Act is aimed to frame concrete regulation and restriction of the supply and usage of poisons, prohibited substances, drugs of addiction, along with the usage of certain toxic drugs and therapeutic drugs, which are harmful to the human body (Rydon Inc, n.d.).
(b) Under the Occupational Safety and Health Act 1984 (OSH), the internal audit has been conducted to remove loopholes within the department through a gap analysis of the Department’s compliance with the cooperation of the Officers. The OSH Act also provides a guideline illustration of the duty of care for safety and health at the workplace (Government of Western Australia, n.d.). Moreover, the WorkSafe Plan is considered as an audit and assessment process that can be applied to those businesses, which are covered under the Mines Safety Inspection Act 1994 (Government of Western Australia, 2014).Legal and Ethical Compliance Essay.
(c) Australia has a diversified disclosure regime under which the Statutory Reporting Requirements comply with the NSW mandatory reporting which is monitored by the provisions under the Children and Young Persons (Care and Protection) Act 1998 (the Care Act).
(d) To resolve the materials within the NFP sector in terms of allowing them to govern effectively for the councils, senior legislatures, and policy Committees from the NFP sector helps them to maintain work and decision-making regarding clearances, checks, and references. Version CHC50502 is also accredited for the Diploma of Youth Work. Besides, several community-based programs are designed to address social inequalities considering packages or accredited courses relevant to the expected result (Australian Government, n.d.a).
(e) ASX Corporate Governance can be considered as the major document required to be maintained by NFPs organizations. The documents also guide the knowledge and skills required, as well as develop strategies to be adapted with the changing situation necessarily. It fulfills the requirements even for the legal requirements especially in the case of the community-based organizations (Australian Institute of Company Directors, 2013).Legal and Ethical Compliance Essay.
