ASSESSMENT TASK 2

ONLINE QUIZ

STUDENT NAME * David Morris

TRAINING PACKAGE
NATIONAL COURSE CODE CHC33015
NATIONAL COURSE NAME CERTIFICATE III INDIVIDUAL SUPPORT
NATIONAL UNIT OF COMPETENCY CODE/S CHCLEG001
NATIONAL UNIT OF COMPETENCY NAME/S Work legally and ethically
ASSESSMENT DETAILS
• There are THREE assessment tasks for this unit.
• These tasks make up 100% of the assessment for this unit. This is

You must achieve a satisfactory grade in each task to achieve a result of Task 2
competent for the unit.

DUE DATE:

STUDENT DECLARATION

• I declare this assessment task to be solely my own work or, I have acknowledged within my
assessment if this work was completed with a peer

• I have notified the assessor of any special needs or requirements I have in relation to the
assessment

• I understand that my assessment will not be returned to me and I have kept a copy of my
own work

• I have read and understood the Assessment Policy provided in Every Student’s Guide to
Assessment in TAFE NSW.
https://www.tafensw.edu.au/__data/assets/pdf_file/0017/7280/Every-students-guide-to-
assessment.pdf

STUDENT NAME STUDENT SIGNATURE DATE

RTO DECLARATION

I declare that any workplace information contained in this assessment will remain confidential
within TAFE NSW.
 TRAINER/ASSESSOR NAME TRAINER/ASSESSOR SIGNATURE DATE

ASSESSMENT INSTRUCTIONS
• This assessment contributes to the determination of competency in this unit.

• You are required to answer all questions to a satisfactory level to gain a satisfactory grade in this
assessment task.

• Should you have any concerns about this assessment, please contact your trainer/assessor
before beginning the task.

ASSESSMENT TASK 2

This task consists of 8 questions.

For this assessment, you will need to perform the following tasks. These tasks will need to be
completed and submitted in a professional, word processed, format.
• Discuss at least three different occasions in which you have completed regular workplace
activities in accordance with legal and ethical requirements. Outline each situation and discuss
the legal or ethical requirement of the situation in a minimum of 150 words per scenario.

1) I have carried out a Criminal Record Check with regard to a potential employee of NWDS. This
means getting the informed consent of the person in question and then getting 100 points of ID. This
is usually a Passport or drivers license. The person then completes a form which gives consent for
this information to be used for that purpose and also to be retained by NWDS. This form is then sent
to an external organisation , which processes this information and carries out a check to see whether
or not the person has disclosable content with regard to their criminal record. If they have a criminal
record then this is brough to the attention of the CEO. Depending on what the issue is they may be
refused employment. This has not actually happened to date whilst I have been doing it. This
information is then stored confidentially on the persons personal file and is therefore kept confidential
and is not used for any other purpose. So firstly this is a requirement of employment, second it is a
requirement to keep the information confidential and third, this information must not be divulged to any
other party or used for any other purpose. These legal requirements were observed at all times. It
would also be un ethical to break these rules also, as people would lose trust in the organisation. This
is important as it is one check on ensuring that the people employed are more likely to do the right
thing and ensure the duty of care requirements for Participants..

2) Another is a requirement to carry out a working with children check. This is only required for
employees who are likely to work with people who are under 18 years of age. This is only relevant to
some very specific parts of NWDS, as mose areas are specifically dealing with people who are over
18. Here a person will actually complete a process in which they go to the relevant authoirty and
enter their details so that a the organisation can run a checking process on them, They then receive a
WWCC number. They send this information to NWDS and we, in HR , then check that number with
the relevant organisation. Once verified, this is also stpored in the person's personal file, again for the
purpose of confidentiality. The puropse of this check is to ensure that anyone who has any official
record of child abuse would bnot be placed in a position of trust ( or power over ) a Participant under
the age of 18. There are also legal requirements to do this before people commence such
employment and with regard to the storage and handling and confidentiality of such information,
3) Reporting an incident at work to the workcover authorities. Any incident which falls into the
mandatory reporting category must be reported to the workcover authority as soon as reasonably
practcably. Here an employee was assaulted and was required to remain in hospital for a period of
over two days 'for other than observation'. This has to be reported and certain specific infomration has
to be given. Any information, compies of incident reports and other evidence must be made available
for the authority to investigate. This is a legal requirement and , whilst not a regular occurrence, it is
something wich is required to be done from time to time. There are penalties for failing to report such
incidents and for doing ( or failing to do ) anything which may obstruct the authority from carrying out
an investigation, should this be required. On this occasion, no investigation was required and the
person recovered fully from the incident.

•
• For each of the three scenarios you have discussed in Part 1, identify a potential (or actual)
breach of legal or ethical requirements. In a minimum of 150 words per scenario, discuss for
each breach how you would respond to the situation, relevant to your work role. Include
information on any problem solving techniques you would employ, appropriate people for you
to discuss the breach of legal or ethical requirements with, and any conflict of interest that
would hinder you from taking appropriate action.

1) Criminal record check. In the event that someone had been working for the organisatin for some
time and then when they had to renew their CRC, and it was discovered that they now had a
criminal record, this information would be provided to the CEO and not discussed with anyobe else.
The CEO would then have to evaluate whether or not this person should be able to remain in out
employment. This would depend on what the actual criminal issue was. If this is a minor issue and
within the relevant guidelines to allow to continue ( for example , a drink driving offence, where they
are in a job which does not require them to drive as part of their job) , they they may be allowed to
continue in employment. Though employees are required to divulge driving offences and criminal
convictions to the organisation , so it may depend also on why this was not previously divulged. If it
is a more serious matter, then they may be dismissed from the company. This would entail getting
involved with employment law. This may be someone who i get on well with, or a great worker,
however the requirements must be met and it may feel like a conflict of interests, but the process
and policy must be followed.

2) Working with Children check/ clearance. Again, there could be a situation where an pmployee
who works with children is found to have an issue which would not allow them to get WWC
clearance. They are unlikely to try to get it renewed if they know that there has beena conviction or
a disclisable item which would prevent its renewal. However, if it became apparant that there had
been a conviction before it expired, and, sa, it was not disclosed to NWDS by that person. Then , if it
was me who found out about it, I would have to double check my sources, ensure that the
infomation was correct ( say a newspaper article). I would then have to advise the CEO. Again, I
would not tell anyone else and i would have to then get involved in an interview with the preson and
an employment decision would have to be made. Equally another breach may be that someone my
divulge such information to a an inappropriate person. I would then have to challenge this behaviour
directly with the co worker, or if it were a memeber of the HR team, then again to the CEo. This
would then have to be investigated. This may be a difficult thing to do iif it is someone i am working
clodely with. But it would have to be done to uphold the legal and ethical requirements involved and
the integrity of the department and of NWDS.
3) Reporting a reportable incident to the WorkCover Authority. It could be that the incident in
question could be something that the a senior manager does not want to be reported. ( This has
happened to me in another organisation ). So then i have to consider the law and decide how to
tackle the issue. first I would remind the relevant person that it is a legal requirement, explain why
and what the consequenced are if this is not reported. Hopefully this will resolve the issue, if it dies
not, they I would have to tell them that I will report this to the CEO and get direction. I would have
no doubt that the result would then be that i would record it. This could cause issues between me
and the manager, who would probably say that there would be some reason why it is not reportable
( as an excuse). But i would just have to clarify that it is the law and the potential penalties which
appy if an organisation fails to report it.

• Identify two situations where work practices could be improved to meet legal and ethical
responsibilities and develop work practice improvements to enhance workplace
responsiveness to legal and ethical requirements. Discuss the situations and then document
the work practice improvement in a procedure.

•
• Identify and describe three examples of legislation relevant to the individual support workers’
role.

• Work Health and Safety. Duty of Care. All organisations, managers and Support Workers
have a duty of care. Support workers have a duty of care to themselves and to others
they come into contact with in relation to their work including Participants. This means
that they must take care to ensure that no one is harmed as a result of their actions in
inaction when working. This means providing cate to a particular standard.
• Child protection legislation. This means that Individual support workers must follow
child protection laws when coming into contact with children in their work. There are
also specific reporting requirements which they must follow for reporting children at risk
of harm including mandatory reporting procedures in certain states and territories.
• Anti descrimination law. Support workers must comply with legal requirements which
do not allow illegal descrimination, for example, discrimination on the grounds of race,
sex, disability,age, riligious beliefs, sexual orientation and others. Support workers must
observe these requirements when interacting and working with other staff and
participants at all times.

• Explain and give examples for the terms below:

• Code of Conduct: A code of conduct is a set of rules which guides an individual's behaviour.
There are codes of ethical conduct which guide work practices and the provision of support.
For example, punctuality, professional conduct, performing roles to the best of your ability
and confidentiality.

•
 • Scope of Practice: This is the range of things which are required, and define things which, by
definition are outside the scope of practice required of the role. There are things which a
support worker should not be required or allowed to do. These are outside the scope of
practice. For example, providing an injectin without a specific requirement to do so or the
proper training. Teaching someone to drive or tking them to your home, for whatever
reason.

•
• Organisational policies and procedures: Organisatonal policies and procedures are rules
and proecesses which are set out in order to guide actions and behaviour within
organisations. Policies are generally a clear statement of the intent of what is required, the
rules, effectively. Procedures are genrally clarification on how to achieve what is required by
the policy. What to do. Examples could be a Privacy Policy, a Motor Vehicle Policy or a
Training Policy. The procedures would flow specifically from each of them.

• Job/Position Description: A position descriptionis a document which clarifies the roles and
responsibilities of the position holder. It clarifies the key things a person must do, the key
things to be achieved and the and so defines the scope of the tasks required to be achieved,
it also generally will refer to a requirement to agree to policies, comply with legislation and
agree to undertake training and appraisals.

•
• Explain the steps you would follow whilst making ethical decision.

• Stop and think about what needs to be considered, what information is to be taken into account
• Clarify the goals to be achieved so that i am clear on what i am trying to do, or decide on
• Determine the facts , what is the reality of the situation
• Consider options, which options are available and what effect might they have
• Consider the consequences of the options available and what effect would these have on the
situation and people involved. Need to consider that the effect and consequences are fair and
resonable and legal. Condier, if anyone or everyone knew of your decision, would this be ok,
does the decision seem like the right thing to do in all the circumstances. Would you be proud of
the decision and its effects, on moral/ ethical grounds. Does this alos comply with legal
requirements, policy requirements, is it honest and open and does it fit with the company code
of conduct and ethics. Follwo the golden rule : Treat others as you would like to be treated
yourself.
• Choose, based on the above condiderations
• Monitor the results, check that your decision was right , reconsider if necessary
•
• Explain the terms below and how it applies to your workplace and the consequences of
breaches.

• Duty of Care: Duty of Care. All organisations, managers and Support Workers have a
duty of care. Support workers have a duty of care to themselves and to others they
come into contact with in relation to their work including Participants. This means that
they must take care to ensure that no one is harmed as a result of their actions in
inaction when working. This means providing cate to a particular standard. A breach of
 this responsibility could result in harm or injury to someone and could potentially result
in legal action being taken against the organisation or individual, depending on the
nature and severity of the breach. For example not properly supervising a person
crossing the road and they get injured, or allowing a wheelchair to roll away and the
person falls out and is injured. Ultimately this could result in dismissal, a fine or in the
extreme, inprisonment.
•

•
• Dignity of Risk: this is allowing people to have the dignity to be able to make choices and
have experiences even though there may be sme risk involved. this may be a choice to go to
the shops or take part in a sailing program. Failing to alllow a person dignity of risk, in the
extreme could ultimtely reult in them failing to get any self actualisation, failing to grow and
develop and actually could deteriorate and suffer ill health. This would also be against the
principles of the Disability Standards and the policy of NWDS and Peresom Centred Planning
and Programs.

•
• Discrimination: Illegal discrimination would be discriminating on the grounds of sex, or
example, where a person is discriminated against on the grounds of sex or religion.
Excluded from something on those grounds, say from an NWDS program or event. This is
illegal and unethical and against NWDS policy. Therefore could result in dismissal, and
potentially prosecution for the company.

•
• Abuse: Abuse would be shouting or physically assaulting a person while at work. There are
many other forms, but in the event that this happens the reult could be a very bad
experience for the participant and possibly ofhter staff. it would likely also result in dismissal
from NWDS and if reported externally , result in santions being taken against NWDS for
allowing this to happen.

•
• Mandatory Report: Mandatory reporting is where a report must be made, by law in specific
circumstances, by specific groups - ie support workers and/ or their employers. This may be
a reportable incident to WorkCover after a reportable accident or incident , or where a
restirctive practice has occurred, or where there is evidence of child abuse or neglect. for
child abuse for example, say in NWDS vacation care program, a breach would result in a
child being abused or neglected on an ongoing basis, a failure to comply with a mandatory
reporting requirement, if uncovered, would result an investigation by the authorities and
unltimateely, potentially in prosecution and for the abuser, penalties also as well as
potential imprisonment, depending on the abuse..

•
• Privacy: Privacy is about keeping people's information private. This includes anyone
associalted with NWDS and particcularly Participants. You can not give out information to
anyone who does not 'need to know it' in the line of their work with the person. An
example, would be making it generally known about a participant that they have a
particcular issue ( for example behavioural/ bed wetting ) ...to people outside of NWDS as
 this is provate to the individual and subject tot he provacy legislation. Or leaving spoeone's
personal file in a public place, where a stranger could just pick it up and read it.

•
• Confidentiality: Confidentiality covers specific things like medical records for example,
which also have more specific storage and maintenance requirements. This must be kept
locked away and only viewable by specific people withi the organisation.

•
• Disclosure:

•
•
• What is the importance of workplace ethics?

• This is important on many levels, it maintains a positive workplace cuture. It sets up the
basis of how people operate in a positive and respectful way. Good ethics help create a
good culture, where people can be happy and feel respected. it also paves the way for
complying with workplace legislation. If everyone understands workplace ethics and
behave accordingly, then there is much less likelihood of breaches of legislation such as
privacy, abuse, discrimination, assault harassment etc. It also paves the way for a happy
and positive experience for Participants and staff.
•
•
•
•
•
•
END OF TASK 2