CHCCS400C Work within a legal and ethical framework, and
CHCICS409A Recognise and respond to suspected abuse of vulnerable people
Unit:
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CHCCS400C Work within a legal and ethical framework
CHCICS409A Recognise
and respond to suspected abuse of vulnerable people
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Student ID:
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Student’s Name:
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Assessor’s Feedback
Assessors:
Please return this cover sheet to the student, along with the assessment
results and feedback. A copy must be supplied to the office and kept in the student’s
file with the evidence. Please complete the table above.
Tasks
included in this assessment:
Assessment
Tasks
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Title
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Satisfactory/
Not yet satisfactory
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Assessor’s
Signature
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Date
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Re-submission
Satisfactory/ Not yet satisfactory
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Short-answer
questions
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Assessment 1
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Case
study 1
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Assessment 2
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Case
study 2
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Assessment
2
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Case
Study 3
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Assessment
2
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Assessor’s Feedback
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Assessor’s name & signature…………………………………………………………..
CHCCS400C Work within a legal and ethical
framework, and
CHCICS409A Recognise and respond to
suspected abuse of vulnerable people
To
achieve a competent result for these units, you must satisfactorily
complete all the assessment requirements listed below.
Assessments for these units are as follows:
Assessment
Number
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Type of
Assessment
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Description and
location
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Assessment 1
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Short Questions/Multiple
Choice Questions/True-False Questions
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There are a
variety of questions found in this booklet
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Assessment 2
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Case study
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There are four
case studies in this booklet. You are required to answer the questions that
follow the case study.
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Assessment 3
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Work
placement
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Each student must
complete 120 hours in a high-care facility.
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Assessment 4
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Personal journal
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Each student is to keep a journal of their
daily activities while on clinical placements.
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Assessment 1 – Short questions
1.
As a carer, it is important to be able to understand your legal
responsibilities. Briefly describe how these Acts may impact your work role.
Work Health and Safety Act 2011
Privacy Act 1988
Aged Care Act 1997
2.
Define the term ‘Duty of Care’.
3.
Fill in the blanks with the
correct answer.
(High Court,
Federal Court, Magistrate Court, Commonwealth Court)
The ________________________ is
the highest court in Australia. It
has appellate jurisdiction over all other courts. The _____________
of Australia is the superior court to all federal courts, and is also the final
route of appeal from all state superior courts.
The Federal Court primarily hears matters
relating to corporations, trade practices, industrial relations, bankruptcy,
customs, immigration and other areas of federal law. The court has original
jurisdiction in these areas, and also has the power to hear appeals from a
number of tribunals and other bodies (and, in cases not involving family law, from
the Federal).
The Family Court has jurisdiction over family
law matters. It is a superior court of limited jurisdiction and was
established in 1975 by the Family Law Act 1975 by the federal parliament. The Commonwealth has
power over marriage and divorce under the Constitution. In the 1990s, the states referred many of their
powers over children of non-married couples to the Commonwealth, which added
this power to the Family Court.
a.
Briefly explain the differences between Criminal law and Civil
law.
b.
Explain the difference between a legal issue and an ethical issue.
c.
If a client moves into an aged care facility, they may want to make
certain legal or other arrangements to help manage their affairs more easily or
efficiently. Provide a definition for each of the following terms.
Power of Attorney:
Advanced Care Directive:
Guardian:
Will:
d.
As a carer, you will be exposed to many situations that will be legally
challenging. Briefly explain the importance of accepting responsibility for
your own actions.
4.
It is mandatory that facilities implement policies and procedures in
the workplace. It is important for carers to follow and review policies and
procedures when working. True or False
5.
Continuous improvement and constant re-evaluation is an important task
when it comes to policy and procedures. Explain how you can contribute to the
development and review of policies and procedures at work.
6.
Time management is an important part of a carer’s role. What would you
do:
a.
If you are unsure of whether or not you are able to complete a task
for your client?
b.
If the instructions that you were given are unclear?
7.
What kind of information is contained in your position description?
8.
Using the Charter of Residents’ Rights and Responsibilities, list five
resident’s rights and three resident’s responsibilities.
Resident’s Rights:
Resident’s Responsibilities:
9.
Ethical dilemmas are often situations where there is a clash of values
and you are required to decide which value is the most important. As workers,
our own personal values can conflict with the values of our profession and/or
the values of our clients. How
would you make sure your personal values do not affect your work?
10.
Name
three rights that can be found within the Code of Ethics in an aged care
facility.
11.
Can
information about a resident be given to another person, e.g. if a carer is
working in the same wing as you? Explain your answer.
12. List three ways we can ensure that we
provide services regardless of our own personal values, beliefs, attitudes and
culture.
13. Give an example of each of the following
types of abuse. What process will you follow to conduct an investigation into
possible abuse?
Physical
Financial
Emotional
Sexual
Neglect
14. It is important to maintain principles and
practices to enhance sustainability in the workplace. These include
environmental, economic and social sustainability.
List two ways you can contribute to
sustainability in the workplace on a daily basis.
15. As
a carer, we often advocate for someone to be their voice. List two services
that you can refer to your clients and their advocates.
16. Name four services available to victims of
abuse.
17. Melanie is an 85-year-old lady
and is having a relationship with George who is 67 years old. The family does
not approve of this relationship; they feel that George is taking advantage of
their mother who suffers from depression. The family
has asked you to
support them by convincing Melanie to stop the relationship.
a. What will be your response to the family’s request?
b. How do you monitor your own
personal prejudices regarding the situation?
c. What is the organisation’s
responsibility towards the mother?
18. Briefly explain the term ‘social model of
disability’.
19. Explain the possible impacts of social devaluation on an individual’s
quality of life.
20. Briefly explain how you can raise awareness
of abuse.
21. List four human
rights and freedoms that are particularly relevant to older people.
22. List the four accreditation standards and give two examples of expected
outcomes.
Standard one:
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Standard two:
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Standard three:
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Standard four:
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True
or False
True
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False
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Where possible, it is important to seek
the agreement of the client prior to providing the service.
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Carers should report any problems with the
policy and procedure for managing suspected abuse.
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It is mandatory that any case of suspected
abuse be reported.
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Carers should refrain from assuming an act
of abuse has happened unless they explore the person’s understanding and
interpretation of what has happened or is happening.
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Carers should work with the client and
relevant others in determining any course of action in regards to abuse.
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A carer must not obtain informed consent,
either from the client or the legal representative, before taking any actions
on behalf of the client.
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Carers should follow up on reported abuse
to ensure that action had been taken, monitored and reviewed in line with the
organisation’s policy and procedure.
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Identifying policies,
protocols and procedures in an organisation is a must. These are guidelines
and practices developed to address legal, ethical and regulatory requirements,
which includes formal documented guidelines as well as informal practices.
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Under Occupational Health and Safety
(OH&S) and the new Work Health and Safety (WHS) legislation and
requirements, employers are obliged to provide safe premises, safe machinery
and materials, safe systems of work, information, instruction, training and
supervision, a suitable working environment and facilities. Complying with
these duties can prevent employers from being prosecuted and fined, and can help
retain skilled staff.
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As a care worker, you need to know your
rights and responsibilities. This includes rights to make a
claim for compensation and have all personal information kept confidential.
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Multiple
Choice: Select the correct answer(s).
(For online students: Delete the wrong answers.)
1.
You
were allocated a client that is from a non-English speaking background. You
will:
a.
Tell
the client that this is Australia and that they are expected to know the
English language.
b.
Use
an interpreter such as a family member as an aid in communication.
c.
Use
cue cards and pictures to help communicate.
d.
Tell
your supervisor that you need to be allocated an English-speaking client.
2.
A
client that you are looking after states that they want to go to the
temple to pray. This is outside your
religion. Which course of action will you take?
a. Tell the client that there is no way that
you will be taking them to the temple as it is against your religion.
b.
Ignore
the client, pretending that you didn’t hear their request.
c.
Tell
the client that you need to obtain approval from your supervisor and can
assist in arranging a visit to the temple.
3.
Where
are client’s rights detailed?
a. Accreditation standards
b. Industry and organisation codes of
conduct, practice and ethics
c. Industry and organisation service standards
d. International and national charters
e. Legislation
f. All of the above
4.
Mr
Singh is an Indian man whose religion is Hindu. He doesn’t eat beef and refuses
to eat any food that is not part of his culture. Which course of action will
you take?
a. Tell Mr Singh to stop being difficult and
eat what he is given.
b. Explain to Mr Singh that you don’t work in
the kitchen and that you don’t have control over the menu.
c. Tell Mr Singh that you will notify the
kitchen staff and your supervisor, as well as document this information in the
progress notes.
d. Advise Mr Singh that he has the right to
request what he wants to eat and ensure that everyone in the organisation is
aware of his request.
Assessment 2 – Case studies
Read the
following case studies and answer the questions that follow after each.
Case Study 1
A local community club
wants to take a group of clients from Boronia Village out for a picnic. They
have asked John, one of the new care workers, to give them a list of people
that they can contact and invite on this excursion.
After the last picnic,
family members had complained about the way the clients were treated, that they
were in the sun for most of the day and there wasn’t enough to eat and drink.
Boronia Village relies
on the financial support of the club, despite having some concerns about the
way their clients are treated by club members.
John thinks the picnic
is a great idea, especially if some of the more difficult clients can go, as it
will give him and the other workers a bit of a break for the day.
John gives the list of
client names to the community club with details of special needs for all
clients.
John does not inform
the clients about the excursion because he knows that many of the clients will
not want to go. They did not enjoy the last trip with members of the community
club.
Winifred, one of the
clients, finds out and tells John that she does not want to attend. John
informs Winifred that she has to go and that the fresh air will ‘do her good’.
You also agree that a trip out would be beneficial for Winifred.
There is also pressure
from Winifred’s son who believes that the facility has not been providing
enough recreational activities for his mother and the other residents.
a)
Did John maintain
his client’s confidentiality? Explain your answer briefly.
b) Did John protect his client’s
rights?
c) What is the conflict of
interest in this case study?
d) If you recognised this conflict
of interest, what would your responsibilities be?
e) How would you assist Winifred’s
son to express his concerns regarding the lack of recreational activities?
f) Did John fulfil his duty of
care? If not, give an example from the case study.
g) Did John work within
position specifications and role responsibilities? Explain your answer.
Case Study 2
Margie is an 81-year-old lady who recently has been admitted to Happy
Downs Aged Care Facility. Upon assisting with her ADLs, Margie expresses to you
that she really appreciates how you look after her and offers you her pearl
necklace. Margie states that her pearl necklace has been in the family for
years and that she would like you to have it.
1.
What is the
ethical issue in this scenario?
2.
How should you
respond in this situation?
3.
Who should you
report this to?
Case Study 3
Mrs James is an 86-year-old lady who lives at home with her 45-year-old
nephew and his partner. You have been allocated Mrs James to assist with her
personal hygiene and ADLs on a daily basis. While attending to Mrs James, you
notice that she is very quiet and has bruising on her upper arm and ribs. You
ask Mrs James how she came to acquire the bruising. Mrs James becomes very
upset and defensive. She refuses to talk about the bruising.
1.
Give an indicator
and behaviour of Mrs James that raise suspicion of abuse.
Indicator:
Behaviour:
2. What does this scenario indicate?
3. Give two appropriate
strategies you would use to report this scenario without harm to the client.
Who would you report this to?
4.
It is important as a carer that you work in a sensitive manner with the
client to determine the level of suspected abuse. How can you maintain a
supportive relationship with Mrs James, identifying signs and possible reasons
for suspected abuse?
5.
What information can you provide to Mrs James to help her seek
clarification and procedures, as well as advice related to her situation?
6.
What systems and procedures would follow if you suspect that Mrs James’
nephew is physically abusing Mrs James?
Case
Study
4 - Professional Boundaries (SC1)
Ken is a youth worker
in a rural area. He meets Michelle at the local drop-in centre where she has
come for assistance with a domestic violence situation. Ken has also seen
Michelle at the local pub a few times. Ken becomes aware that Michelle is
attracted to him; her suggestive comments make it clear that she wants more
from the relationship.
Select Ken's best
response:
a. Buy her a drink and
see where the conversation leads. Ken can always tell her at the end of the
evening that there's no way he's going to get involved in a relationship with
her.
b. Tell her that she
is being ridiculous trying to chat up her youth worker and that she should find
someone from her own social circle.
c. Gently but firmly
state the limits of his role and make it clear that he is a youth worker and
that is the basis of their relationship.
d. Finish up his drink
quickly and head to the other pub up the road.