Aussie Childcare Network Forum • CHCLEG001- Work Legally and Ethically
Page 1 of 1

CHCLEG001- Work Legally and Ethically

Posted: Mon Oct 30, 2017 4:25 pm
by Eshaw
Hi i need some help finding information.
The question is:
Part C
Q2. Explain the following terms and and how these may be applied to your work (approximately 150 words)
a. The relationship between human needs and human rights
b. The relationship between dignity of risk and duty of care.
c. Code of conduct
d. Code of practice
e. Discrimination
f. Informed consent

Any help on these questions and where to find the information would be wonderful as im just stuck at the moment.
also is the question asking what the diffence is between the to where it is asking for the relationship?
Thank you so much.

Re: CHCLEG001- Work Legally and Ethically

Posted: Mon Oct 30, 2017 6:45 pm
by Lorina
If you do a quick search in google you would be able to find the info...

When talking about the relationship it's like the link between the two.

Search something like:

human needs and human rights
dignity of risk and duty of care etc.

:geek:,
Lorina

Re: CHCLEG001- Work Legally and Ethically

Posted: Sat Nov 04, 2017 4:40 pm
by Eshaw
Thank you so much

Re: CHCLEG001- Work Legally and Ethically

Posted: Sun Nov 05, 2017 12:01 pm
by Eshaw
Hi, So i have done some more research but could i please have some help to see if i have indeed answered those question right and if im on the right track?
Thank you so much in advance i really do appreciate it.

The question is:
Part C
Q2. Explain the following terms and and how these may be applied to your work (approximately 150 words)
a. The relationship between human needs and human rights
b. The relationship between dignity of risk and duty of care.
c. Code of conduct
d. Code of practice
e. Discrimination
f. Informed consent


A) What is the relationship between “Human Rights” and “Human Needs”? Language is vital when it comes to human development initiatives and using the term “human rights” has a greater potential to accommodate change then the term “human needs”.
The term “human needs” has been used in relation to universal access to modern energy services for the last three decades and, despite it being a deemed fundamental to human development by the UN, it has not resulted in bold immediate actions. Research shows that using the term “human rights” demands action and accountability and with the establishment of a new focus on this issue, as demonstrated with the implementation of Sustainable Energy for All (SEFA), it’s important that a clear and legally-binding language is used in documentation and resources. A “human needs” approach appeals to charity, while a “human rights” approach translates to need into a matter of entitlement with dignity.

B) What is the relationship between “Dignity of Risk” and “Duty of Care”? Duty of care refers to the responsibility under the Common Law of people to take reasonable care to ensure their actions, or inactions, do not cause injury or harm to others. A duty of risk refers to the belief that each person is entitled to experience and learn from life situations even if these, on occasion, may be a threat to their wellbeing. Each person experiencing a risk of which they have been informed, is to receive support in the situation.
Every person owes a duty of care to every other person who is reasonably likely to be injured by the first person’s actions or failure to act. The appropriate standard of care is assessed on what action could reasonably be foreseen by a reasonable person in a particular situation. Duty of care will take precedence over the right of informed individuals to take calculated risks where that risk may pose a threat to the health and/or safety of the individual and/or others.

C) Code of Conduct: The Code of Conduct is to establish a common understanding of the standards of behaviour expected of all employees. The code does not attempt to provide a detailed and exhaustive list of what to do in every aspect of your work, Instead it sets out standards of behaviour expected and provides a broad framework that will help you decide on an appropriate course of action when you are faced with an ethical issue. It is often referred to as one entity responsibility for decisions and outcomes, when really it is a large and complex organisation that achieves good outcomes when employees exercise sound judgement in fulfilling the duties of their particular role. The code places an obligation on all of us to take responsibility for our own conduct and work with others cooperatively to establish consultative and collaborative workplaces where people are happy and proud to work.

D) Code of Practice: A Code of Practice is a practical guide to achieve the standards of health and safety required under the model Work Health and Safety (WHS) Act and model WHS Regulations. Codes of Practice provide duty holders with guidance on effective ways to manage work health and safety risks. An inspector can refer to a code of practice when issuing an improvement or prohibition notice and under the Work Health and Safety Act 2011, codes of practice are admissible in court proceedings. Courts may regard a code of practice as evidence of what is known about a hazard, risk or control and rely on it to determine what is ‘reasonably practicable’ in the circumstances to which the code relates. It is recognised that equivalent or better ways of achieving the required work health and safety outcomes may be possible. For that reason compliance with codes of practice is not mandatory providing that any other method used provides an equivalent or higher standard of Work Health and Safety the suggested by the code of practice.
E) Discrimination: Discrimination is a conduct that disadvantages or has an unfair impact on people from particular groups. Discrimination laws focus on the basis for the way services treat or propose to treat those who use their services or work for them. For example, a service’s administration policy may give priority to some groups of children and exclude or make it harder for the other groups to obtain the service. In NSW the licencing laws for most children’s services require services to have regard to the NSW Anti-Discrimination Act (202 Children and Young Persons care and protection Act 1998). Both state and federal industrial law also include protections against discrimination. Generally speaking awards and industrial agreements must not contain discriminatory clauses or requirements and employers cannot terminate people on discriminatory grounds. A service provider is liable for any discrimination that occurs within their service. They are responsible for the actions of their employees and agents unless they can show that they have taken reasonable steps and exercised due diligence in preventing this kind of conduct occurring. So services providers must have clear policies and provide guidance to staff in this area.

F) Informed consent: Informed consent is a legal term, meaning you are fully aware of the facts of a certain situation before agreeing to it eg, medical or excursions. An authorisation form is given and signed as a process for getting permission from the child’s parent/guardians before administrating medication or medical treatment. It also authorises the approved provider or nominated supervisor to seek medical treatment for the child from a registered medical practitioner, hospital or ambulance service as well as being transported by the ambulance service. For excursions an authorisation form needs to be signed by the child’s parent/guardian. They need to have sufficient information about the excursion to enable to make an informed decision, such as nature of proposed activity, degree of supervision and risk involved. The authorisations are to be kept in the child’s enrolment records at the service.