CHCLEG001 Work legally and ethically Learner Guide Table of Contents Unit of Competency ..........................................................................................................

AGED CARE
Table of Contents
Activity 1 A    3
Activity 1 B    3
Activity 1C    4
Activity1D    5
Activity 2A    6
Activity 2B    6
Activity 2C    8
Activity 2D    8
Activity 2E    8
Activity 2F    9
Activity 2G    9
Activity 3A    10
Knowledge Activity    10
Performance Activity    13
Reference    15
Activity 1 A
1. The first issue is the legal actions taken by the consumer because of products that are malfunctioning or defective. This can lead to the consumer being compensated and the employees responsible for this mishap are reprimanded or terminated depending on the gravity of the situation. The second legal issue that comes up in workplaces is work safety. The employees can take legal action, if they deem their work to be unsafe. The third legal issue would be wrongful termination. This occurs, when the employees, who were terminated think they were terminated on unfair grounds or due to a bias towards them. The fourth legal issue is privacy of employees. This is a relatively lesser known legal concern and often causes many companies to be sued. The use of employees in advertisements or part of social media campaigns without their knowledge is a major legal concern. The fifth issue is harassment and discrimination. This can be sexual, racial or religion based. This, is when the employee either is a target of an assault of a physical or sexual torture or are treated differently due to their gender or their race or religion.
2. Australia is considered a parliamentary democracy that has a federal system of government. This system ensures the power is distributed between the National Government and the states (Nurgalieva et al., 2019). The powers are defined by the constitutions. The legal system is similar to the one in England and the laws are of two types. The first being case law, which is the decisions made by judges and legislation law, which is the rules made by the parliament, which holds authority over them.
3. The two types of law in Australia are the case or common law, which is based on the decision of the judge in the court and the legislation law, which is the law made by the Parliament. An example of case law is a landlord increasing the tenant’s rent without a proper notice (Siette, Wuthrich & Low, 2020). Examples of legislation law are criminal law, property law and probate law.
Activity 1 B
In Aged Care, the legal requirements are quite important as the inability to abide by the laws and regulations will lead to a notice of non-compliance from the Department of Health. The legislation that is related to aged care includes the Aged Care Act 1998 and the Aged Care Principles. The laws that needs to be kept in mind are the State Occupational Health and Safety Laws and Regulations,Human Rights Legislation and The Privacy Acts of Federal and State Governments.
Activity 1C
1. The duty of care is a tort law, which is wrong that requires an individual to provide a standard of reasonable care and not engage in any activity that could cause harm to the individual. Negligence is harm occurring to the person due to an error on the caretaker’s part. This is a violation of the duty of care law, where a certain standard of care should be exercised.
2. As a manager, to ensure that competences are maintained it is important to take into consideration supervision, providing advice and services based on current evidence and co-worker reviews. As an employee, competencies can be maintained by reading current literature, joining various professional associations in order to improve and participate in research programs.
3. The way companies ensure confidentiality are
· Physical privacy of patients in facilities
· Strict monitoring and controlling of personnel, who get to work with and view the records
· Limit or negate any sharing of records to third parties
· Use a system in order to ensure and monitor the personnel, who access the records
· Use encryption to secure the records and ensure only employees with the encryption key can access the records
· Avoiding sell or communication of personal data to third parties
4. Confidentiality laws ensure that the client’s medical treatment and their condition is not discussed or revealed. The clients must give their permission in order for the personnel to share details to anyone. The details can be shared to close family, spouses, children and emergency contacts. Three details that need to be kept confidential are the patient’s financial information, health care records and personal details.
5. The client should be provided with verbal or written consent before any treatment is given especially if the client is in reasonable state. If the patient is in aunreasonable state then an assigned advocate can make decisions for the client. It is important to ask for client’s agreement as it is important for clients to understand, what is happening to them and make the final decision on their own body.
The way one can involve clients in the decision-making process are
1. Asking their opinion
2. Discussing the various options in groups
3. Discussing the options through key stakeholders within their social network
4. Discussing options with others, who have experienced the same strategies
5. Assisting them to try various options
Activity1D
The first process would be to report the breach immediately to the person within the organisation, who is responsible for maintaining privacy and security and then take the legal actions. This can be done through anonymous modes of communication. Proof must be presented along with the tip off in order for it to be concrete and accepted as a serious allegation (Brimelow, Dawe&Dissanayaka, 2020). Once the complaint is launched then a formal investigation can be carried out by the licensing or governing body. Most organisations have a standard form to fill as well to report breaches. Once the investigation occurs the licensing body will make the decision regrading suitable actions, which needs to be taken.
Activity 2A
The code of ethics of the organisation are as follows:
· Community Attitudes: These are the rules in place about how people should be treated and how subjects should be handled.
· Human Rights: These are basic necessities and entitlements employees need to have. This include justice, nondiscrimination, choice, privacy and many more.
· Duty Care: The people will have care that is free from abuse and negligence. They will be treated with care, caution and attention.
· Self Determination: Employees and patients are entitled to their own opinions and they are allowed to take decisions as long as they do not harm them or others.
· Acceptance: Every employee is acknowledged and valued. They are all treated with respect and dignity regardless of gender, sexuality, religion and ethnicity.
· Confidentiality: Personal information of personnel and patients are protected and no one has access to it without the consent of the person. The person will be informed about who all will have access to their details, and what they intend to do with that information....