CHCLEG003

Manage legal and ethical Compliance

Diploma of Community Services Work
 Unit descriptor
This unit describes the knowledge and skills
required to manage legal and ethical
compliance in the community services.
• Specifically to research information about
compliance and ethical practice
responsibilities and to develop and monitor
policies and procedures to meet those
responsibilities.
In this unit you will learn to:
• Research information required for legal practice

• Determine ethical responsibilities

• Develop and communicate policies and procedures

• Monitor compliance

• Maintain knowledge of compliance requirements

Unit Content
Topic 1: Knowledge of legal and ethical systems
and codes of practice
Topic 2: Management of legal and ethical work
practices, policies and procedures
Topic 3: Compliance
Key concepts in the Australian legal system
Australian Government is based on a Federal system:

• Powers of government
are shared between
• The Commonwealth
and the states and
territories
Two types of laws
• Statute Law passed by • Common Law based on
the Parliament judgement of the courts
as a result of decisions
made on civil and
• Legislation
criminal actions
• Act
Law making occurs at different levels:
• Legislature, Houses of Parliament passes the
laws
• Executive, or government which implements
and administer the laws
• Judiciary which enforces judgment about the
laws
Relevant legislation in the sector
Community services and disability services legislation
In this section you'll find an overview of a selection of Acts that are considered most
relevant to the community services and disability services sector.
Child Protection Act 1999 (Qld)
Commission for Children and Young People and Child Guardian Act 2000 (Qld)
Disability Discrimination Act 1992 (Cwlth)
Disability Services Act 1986 (Cwlth)
Disability Services Act 2006 (Qld)
Freedom of Information Act 1992 (Qld)
Guardianship and Administration Act 2000 (Qld)
Juvenile Justice Act 1992 (Qld)
Mental Health Act 2000 (Qld)
Police Powers and Responsibilities Act 2000 (Qld)
The Children’s Court Act 1992 (Qld)
LEGISLATION IN ALL STATES AND TERRITORIES
• Mental Health
• Industrial Relations
• Child Protection
• Occupational Health and Safety
• Crimes Acts
• Freedom of Information
• Disability
• Racial Vilification
• Aboriginal and Torres Strait Islander legislation
• Privacy legislation
• Health records legislation
• Freedom of information
• Legislation on building standard and health
and safety
Legislation and professional practice
• Acts (legislation) will provide a precise outline
of what behaviour is required by all
employees in certain community services. For
example, any services working with children
have legislative responsibilities in relation to
protection of children from sexual assault; and
within the disability service there are similar
legal requirements.
• There is also a common law responsibility of a
duty of care towards clients. This duty exists
and is owed at all times by all workers and
professionals catering for the needs of others.
• As workers/managers in the community services
industry, you will need to be familiar with the
requirements of the particular field in which you
are involved. You will need to be aware of the
governmental requirements for your behaviour
within your chosen field (the legislation), your
own professional code of conduct any
professional code of conduct applicable to the
field of work you are in and your employing
agency’s code of ethics.
Policy and Procedure
• Policies and procedures are developed in
response to the organisation's legal obligations.
• You can meet many of your legal obligations by
following the policies and procedures of your
organisation.
• A key part of following procedures involves
working within the scope of your role and
responsibilities.
Policy and Procedure
What does the term duty of care mean?
 Definition:
• The responsibility or the legal obligation of
a person or organization to avoid acts or
omissions (which can be reasonably foreseen)
to be likely to cause harm to others.
• As a disability worker you a have a duty,
obligation to take care of the safety and
wellbeing of your clients in your care
Duty of care:

• Operating within a legal

framework

• Understanding of
legislation and common
laws requirements
relevant to your role
A breach of duty of care:
• Can result in an • As a deterrent to avoid
allegation of loss and injury to
professional negligence. people who are in need
of care
• Which can be assessed
in court.

• To compensate people
for injuries suffered
Breach of duty of care:
• Is based on a standard of care that you must
adhere to as a disability worker

• You are expected to use your skills and

judgement to determine if you are meeting
reasonable standards of care
Key principles
• The client are the main • Consider client rights of
focus of your work self determination in
• Improving their quality making informed
of their lives choices
• Preventing and avoiding • Establish a relationship
harm that is based on respect
• Maximise client’s and understanding
independence • Take sufficient care to
prevent harm effects
Dignity of risk:
• As a worker you need to be mindful of the
rights to self determination and to make
informed decisions based on developing their
interests learning new knowledge and skills
and pursing recreational pursuits.
Dignity of risk
• Clients should be encouraged to make
informed decision , informed life choices
involving action or inaction.
• Ensuring that clients maximise their
independence by not being treated any less
favourably than a person without a disability
• Community and disability services workers are
constantly working in a legal and political
environment, but sometimes the problems
you face in your work are ethically based
rather than legally based. It is important for
you to be able to understand the difference
between ethical and legal problems/issues
Working with in an ethical framework
An ethical framework refers to the system of principles, rules or standards by which
human actions are judged right or wrong. All human service workers come to their
role with their own values and beliefs that they need to be aware of and deal with on
a daily basis.
This section encourages you to examine your own personal values, your work
practices and how these align with the ethical work standards required of the
community and disability services worker. In particular, it examines some of the
typical ethical dilemmas that a community and disability services worker may be
confronted with. You will be shown some useful strategies for resolving issues that
help ensure good outcomes for clients and employees alike.
Working ethically
• This is based on clarification of what is good
and bad practice
• By doing good for clients we, we are refering
to wether our practices are assisting to
improve the quality of our clients lives and
helping in their self determination
• Avoiding bad practice which may lead to harm
and injury.
What are ethics?

• Ethics are the standards, beliefs or motivation

for behaviours that are valued by you as an
individual or valued by a group to which you
may belong.
• Ethics are similar to morals and are 'internal'.
However, the law is concerned with
prescribing conduct and is 'external' to
individuals.
These values, beliefs and attitudes each of us
has about:
• how things should be in the world
• how people should act in certain
circumstances
• how the important aspects of life are handled
(e.g. money, family, relationships, power)
• These beliefs and attitudes are extremely
important and personal.

• Values are formed and absorbed by us all as

we develop from childhood and through
adulthood.
What influences your personal values?
• Quotation

'The (human service) worker cannot only see him or herself

simply as an agent of government policy, but must be
sensitive to ethical and human rights issues, and have a
clear understanding of their role in an arena where
government policy is often hostile to 'social work' values
and to Australia's international human rights obligations.'

Swain, PA (ed.), In the Shadow of the Law, chapter 21, page

244.