CHCLEG001

Work Legally and Ethically

Afshan Lakhani
Part A
Scenario 1:

1. There are both legal and ethical issues in this scenario. Since "strong alcohol" can be
smelt from Charlotte's father's breath, it would be illegal for him to drive. It is even more
dangerous because he may be risking the life of the child by driving in an intoxicated state.
According to National Law: Sections 166-167, National Regulations: Regulation 84, 168,
"Educators and staff at the service who work with children are aware of the current child
protection law in the provider's jurisdiction and understand their obligations under that law
(ACECQA,2014,p.59) Similarly, the Article 19 of United Nations Convention on the Rights
of Children states that "Governments should ensure that children are properly cared for and
protect them from violence, abuse and neglect by their parents, or anyone else who cares for
them." (UNICEF, 1989) These regulations clearly state that children must be protected from
danger; therefore, as an Educator it is unethical and illegal to know about Charlotte's father's
state and let him take her and drive. A few ethical dilemmas that I could have may be:
a) Would the parents terminate the contract and remove the child from the service?
b) Would Charlotte's father feel being attacked?
c) What if he tells me he has a designated driver, and blames me for accusing him?

2. I will first report to my nominated supervisor to confront the parent and ask him if
someone else can drive. However, if he does not agree, there are policies and laws that must
be followed. According to NQS, "Educators, coordinators and staff members are aware of
their roles and responsibilities to respond to every child at risk of abuse or neglect."
(ACECQA, 2013, p.76) Therefore, in this instance, it is mandatory for me to report to a
government body if I suspect that a child is at risk of being harmed or neglect. Furthermore, I
must also inform my supervisor as she is more experienced and knows how to handle the
situation by assessing both the legal and ethical aspects. As educators we have 'Duty of Care'
towards children and others, and must ensure the safeguard of the children by following the
NQS that "every reasonable precaution is taken to protect children from harm and any hazard
likely to cause injury." (ACECQA, 2013,p.71)

3. I will ensure that my work practice is unbiased and I do not form any personal
opinions about Charlotte's father and his way of bringing her up just by one instance. While
reporting to the supervisor or writing the report, I will not comment on his personal character
or make presumptions about him. I would ensure that the report is objective, and the matter is
handled calmly and discreetly.
4. It is essential at all times to follow the policies and legal procedures of the service. As
an educator, I would be faced with many ethical concerns, and often times it is hard not to
cloud one's judgement by personal opinions. I must take care that I am not expressing my
emotions to the parent, such as being shocked to know that Charlotte's father wants to drive,
or be rude to him instantly and refuse him to come close to the child. I must be professional
and report to my supervisor, and instantly go through the policies to handle such matter.
There are times that one wants to gossip about the parents with their colleagues; however, it
is unethical and breaching the UN Convention on the Rights of the Child, Article
16:"Children have the right to privacy. The law should protect them from attacks against their
way of life, their good name, their family and their home." Therefore, it is essential to be
confidential and protect the child and his family's reputation.
5. The legal requirements that a service must follow when faced with such situation is
that the staff and the supervisor are well acquainted with the service policy and "the current
child protection law in the provider's jurisdiction and understand their obligations under that
law" (ACECQA, 2014, p, 59) The National Law and National Regulations, and National
Quality Standard clearly state that not only is it essential to be "aware", but they are
"responsible to respond to every child at risk of abuse or neglect". (ACECQA, 2013, p. 76)
6. a) The Guide to the Education and Care National Law and the Education and Care Services
National Regulations 2011
b) The Guide to National Quality Standard
c) UN Convention on the Rights of the Child (1989)
d) ECA Code of Ethics
e) Mandatory Reporter Guide
f) Code of Conduct
g) Staff Handbook

7. The UN Convention on the Rights of the Child is a human rights treaty that specifies
social, political, cultural, civil and economic rights to which all children are entitled. In all
matters, the service must prioritise that their staff need to work for what is "best" for the child
(Article 3). In Charlotte's case, her father is neglecting her safety; however, Article 19
elucidates that children must be protected even from their "parents" if they pose any harm to
them or "neglect" them. When reporting this case to the supervisor or a colleague it is
essential that confidentiality is maintained at all times. According to Article 16, children have
the right to privacy, and their family's reputation must not be tainted. Therefore, one must not
be judgemental, pass personal comments, and work within their professional boundaries.
8. I will first try to report to the Room Leader as she is the in charge, but if she is unavailable,
I will approach the Nominated Supervisor. It is important that the leader is aware of all
serious matters concerning the service, and which actions are being taken to protect the child.
Moreover, she is experience and is well aware of the legal documentations, policies and
procedures, and would be better able to guide me and also ensure that all the tasks are done
according to the standards set by the Australian government while upholding ethical
excellence.
9. I will ensure that I maintain my composure and report the matter calmly to the Room
Leader or the Nominated Supervisor in a private location so that the conversation is not
overheard by any other staff members or children, and no one is suspicious. Moreover, this
information should be disclosed only on "need to know" basis. Similarly, all the
documentations must be locked away and could only be accessed by those who have the
authority. This can be supported by National Regulations 181-184: “Records must be kept in
a safe and secure place. They must be kept for the period of time specified in the National
Regulations. Records may be kept in hard copy or electronic form, provided that they are
accessible as required.” (ACECQA, 2014, p.117)
Often times parents of different children are in close contact and converse about each other or
any incidents at the service. In this instance, if another parent wants to talk to me about the
other parent, it is unethical to indulge in such conversations, and just politely change the topic
to indicate the parent that I do not want to converse on this topic.
10. One must ensure that whether the case is serious enough for mandatory reporting. In this
If Charlotte’s father is insisting to drive Charlotte home, then one must report. In NSW, one
can report to Child Protection Helpline either by using eReporting or by phone on 132111
(Family and Community Service, NSW) Furthermore, it is also important for the
documentation to be dated and signed, and be legible. (Use of pen erasers must be avoided)

11. As an educator of the child, I have “duty of care”, and must ensure to take steps to seek
Charlotte’s wellbeing and safety, and follow all the legal requirements and at the same time
Maintain highest ethical standards.

Scenario 2:

1. There are ethical issues involved in Brayden’s case as the Educator may still want him to
be in touch with Aunt Karen because they have a “very close loving relationship”. One may
have questions such as how would they explain to his mother that her personal relationship
with Karen must not affect Brayden. Would his mother get angry if there are no legal
documentation such as restraining order? If so then it would not be illegal for Brayden to still
meet Aunt Karen. However, it would be unethical to let him be in touch with his aunt without
his mother’s consent. Moreover, his mother has the right to decide who he should meet, and
may make changes in documents to cancel Karen’s name to pick him up. This would make it
illegal for the service to let Brayden meet his Aunt. It seems that the two women might not be
in good terms as they once used to be since they are “no longer talking”, but it is not a
substantial reason for the boy to discontinue the bond with his Aunt.

2. It is imperative to address my concerns to my supervisor. Even if I feel confident to talk to

Brayden’s mother, I need to be permitted by my supervisor as I might be unaware of certain
information. Furthermore, it is possible that Brayden’s mother might be defensive and abrupt.
Therefore, the supervisor, being the highest authority, would be suitable to explain a sensitive
matter to the mother that it is important for Brayden’s development to continue his
relationship with his Aunt.

3. I must not be prejudiced, and label any of the two women as good or bad, or take sides.
Moreover, I must not talk with any of the two behind their back or pass comments.

4. I must follow the policies and legal procedures and seek advice from my supervisor. Even
if this issue is not specified in the service policies, it is my “duty of care” to seek the best
interest of the child, and try to let Brayden be in touch with his Aunt. However, if my
supervisor does not allow me to handle the situation myself, I will not try to meddle in the
matter.

5. The service’s legal requirement is to follow the rules and regulations set by the Australian
Government, the National Quality Framework and the Service policies. Moreover, it is the
“duty of care” to always seek the best interest of the child. One of the National Quality
Standard is encourage relationships with children that is based on respect and promotes a
sense of belonging. It is to foster the child's growth and learning. Therefore, it is ethical as
well as legal responsibility of the service to support Brayden’s relationship with his Aunt.

6. a) The Guide to the Education and Care National Law and the Education and Care
Services National Regulations 2011
b) The Guide to National Quality Standard
c) UN Convention on the Rights of the Child (1989)
d) ECA Code of Ethics
e) Mandatory Reporter Guide
f) Code of Conduct
g) Staff Handbook
7. According to Article 12 of UN Conventions on the Rights of the Child, it is important to
tell Brayden why his mother does not want him to meet his aunt. If he does not agree, then
his care takers must respect his decision and his need to maintain his relation with his Aunt.

8. I would talk to my supervisor as I will be in an ethical dilemma whether I am the right

person to explain Brayden’s mother about the importance of building his social and
emotional relationships for his confidence, growth and development.

9. I would ensure that my conversations with both my supervisor and Brayden’s mother are
held in a secluded environment, and any legal documentations are locked away to maintain
the confidentiality. Moreover, I must not talk about any of these matters with colleagues who
are not involved in this situation.

10. There would not be any need for mandatory reporting in this case as Brayden’s mother
did not inform the centre beforehand. Moreover, Karen’s name would be there as one of the
caretakers who could pick him up.

11. It is important for the educators and parents to work together and understand what is best
for the child. Brayden needs to feel that he is cared about and has people around whom he
can trust and seek support. If the supervisor agrees by my decision that he should continue his
relationship with his Aunt then we need to explain it to his mother.

Part B:

1. I would report this incident to my supervisor by talking to her in her office, making
sure no one else overhears the conversation. If I do not get a chance, I can write an
 email raising my concerns about making a pre-schooler sleep in the toddler’s room,
and smooth running of the service.

2. a. Staff Code of Conduct or Staff Handbook

b. ECA Code of Ethics
c. The Guide to National Quality Standard

3. If I did not shoulder my responsibilities, it would be unethical as I will not be

upholding the value of my “duty of care”. If I do not take the initiative to improve the
working environment of the service then it would be stressful for me to handle a pre-
schooler along with toddlers. It would also affect the child as coming to the toddler’s
room would be a new environment for him; therefore, sleeping “like a baby” would
rather be difficult for him. He would feel abandoned, and might cry to go back to his
room with his friends. The educator may continue sending pre-schoolers whenever
she feels she cannot handle them, it would highlight her as an incompetent teacher.

4. To maintain a well organised work place, and safety of all the children, the educators
must be responsible for their actions. Since the preschool teacher is abandoning her
responsibility by transferring the pre-schooler to toddler’s room and causing stress for
the toddler’s teacher, the legislation, organisational policies and procedures must be
referred, and WHS issues must be recorded to improve the system. Another safe
environment could be designated for those children who do not want to sleep, and an
educator must be assigned to supervise them.

5. All the quality areas are inter-related and must be met for the development of the
child. In this scenario, Quality Areas 3, 4 and 5 are not being met for the following
reasons:

QA3. Physical Environment: The pre-schooler is being shifted to the toddler’s room,
which would be a new environment for him. It would be more difficult for him to
sleep or rest as he would need time to adjust.
QA4. Staffing Arrangements: The preschool teacher is unable to take care of her
student’s needs, and depriving him of a comfortable environment where he has his
friends.
QA5. Relationship with the Children: The educator “dislikes” the child, and unable to
build a warm relationship based on trust.

6. The following steps could be taken to help the educators:

 Arrange a staff meeting to clearly and politely address all the issues, and
support the suggestions for improvement with the evidence from NQF, Code
of Ethics, service policies, and other documentations.
 Encourage the team to communicate and collaborate, and be enterprising.
 Arrange training sessions and educational courses for the staff
 Inspire each other to uphold the values of “duty of care”.

7. In the service policy it must be reiterated that the staff needs to follow the NQF,
which includes all the guidelines and rules. Along with this, specifications for the
children’s sleep and rest could be as follows:
 Each child must sleep or rest in their assigned rooms
  If the child is not sleeping then he can have a quiet rest time, such as read or
play with puzzles.
 If the child is not willing to sleep or rest, then an educator must be assigned to
watch over the child play in another room so that those who are sleeping are
not disturbed.
 Play soft music or audio story, pull down the blinds, and dim the lights to
induce sleep.

8. To improve the regulation of the service, and meet all the quality areas of NQS, a
Quality of Improvement plan could be developed. Following steps could be taken:
a) Have a critical analysis of the sleeping and resting routines, and whether it is
meeting the seven quality areas: Are the educators building relationships with the
children that is based on trust? Are they catering to their needs? Are the mats
comfortable to sleep on?
b) The positive factors of the routine we follow, and study the current research of
best practices for children
c) Suggestions for improvement, set a goal or outcome, change service policies, or
clarify and specify the sleeping routines to be followed
d) Develop an action plan

9. By signing and agreeing to the service policies, an individual is legally and ethically
bound to follow them. It makes an individual live up to the standards of the
organisation and respect the way it is regulated. It is essential that the educator takes
time to read all the policies to be aware of how the management wants the staff to
perform. Therefore, the policies must be clear and in detail to avoid chances of
misunderstandings, mistakes or misinterpretations. If an educator is not following the
NQF, then the administration could remind her about the policies, and her consent
them.

10. It is important to address one’s concerns politely, and be aware of the tone in written
content and verbal communication. It enables the other party to understand one’s
perspective clearly when explained in a courteous manner. A major cause of
misunderstandings between people arises when they are disrespectful to each other or
use accusatory tone. Moreover, if it is possible, conflicts should be resolved between
the involved parties in a secluded place in front of the supervisor. The solutions or
changes in policies and procedures could later be explained to everyone in a meeting.
This would respect the privacy and dignity of the concerned individuals.

PART C:

1. National Quality Framework consists of National Law, National Regulations and National
Framework. These three are interlinked, and the goals and outcomes cannot be achieved
unless all of them are followed. The Education and Care Services National Law and the
Education and Care Services National Regulations have been promulgated to set a national
standard for children’s education and care across Australia, and The Education and Care
Services National Regulations  (National Regulations) support the National Law by
providing detail on a range of operational requirements for an education and care
 service such as staff qualifications, ratios, educational requirements, record collection and
quality. The National Quality Standards sets national benchmark to improve educational
and developmental outcomes for children and promote continuous improvement. (National
Quality Framework)

2a. The relationship between human needs and human rights:

The Universal Declaration of Human Rights elucidates the fundamental rights of every human
being, protecting them legally and morally by creating certain standards of human behaviour.
Human rights arise from human needs that must be fulfilled for the protection and
development of the individual regardless of their race, religion, culture, language or any other
status. “Needs” are different from “wants” or “desires”; if they are not satisfied then an
individual will not be able to survive. For example, food, shelter, clothing, mental peace are
basic needs and hence the rights of every person. Human rights form the basis of justice,
peace and freedom in the world. None of the children or staff members in the service must be
discriminated on the basis of their race, religion or any other status. It is important for the
educator to be morally and ethically conscious of their words and actions, and to treat
everyone fairly and equally. It is essential that every need of the child is fully satisfied for his
self-esteem, growth and development.

2b. The Relationship between Dignity of Risk and Duty of Care:

Often times, an educator may be caught in the dilemma between balancing Dignity of Risk and
Duty of Care when making decisions to seek best interest of the child. It is essential that
every child has an opportunity to explore and learn from various experiences and develop
their confidence by being independent and making their own decisions. For example,
Thomas, a 22 months old baby, has developed his gross motor skills very fast as compared to
the other babies, and he is playing in the outdoor playground. He sees a climbing ladder
equipment and runs to climb on it. He reaches the highest rung of the ladder and hangs onto
it; I am anxious, if he can land safely onto the ground without me catching him. As I come
near him, and hold his waist to carry him, he wriggles and moans so I move away. I wait for
him to jump, but I am still standing very close to protect him. Suddenly, he jumps and lands
on the ground on all four limbs. He stumbles to stand up, so I support him, and he takes out
his tongue and smiles and begin to climb again. I was aware of my “duty of care”, so I stood
as close to him as possible to be there for him, and I also allowed him to develop his balance,
autonomy and confidence.

2c. Code of Conduct

Code of Conduct forms the basis of the work practice and guides one to make ethical
decisions. It helps one to make choices by following core values such as respect, honesty,
 integrity to seek the best interest of the child and for the improvement of the work practice.
For example, while sitting in the staff room, a colleague, J., complains about working with an
educator whom she dislikes. She grumbles that the Room Leader uses a rude tone to talk to
her and comes across as dictatorial instead of being collaborative. While she is talking, she is
aware that other staff members are also present, but she does not stop to vent out her
frustration. According to Code of Ethics, one must work to “build a spirit of collegiality and
professionalism through collaborative relationships based on trust, respect and honesty.”
(ECA, 2016) She must respect and follow what is morally correct, and address her concerns
in a professional manner rather than tainting someone’s reputation in a public place.

2d. Code of Practice:

The Code of Ethics and other legal laws and regulations determine the working practice of an
organisation. Code of Ethics may guide one, but it is upon the educator how to actualise those
values and principles. For example, it is important to take care of hygiene practices while
working with children. When going outside to play, the educator must wear gloves and put
sunscreen on each baby. However, the gloves must be changed to apply the cream for every
child. Even if the children do not have any skin diseases, the educator must not slothful and
wear the same gloves while applying sunscreen. Similarly, if a child is eating a biscuit, and it
falls onto the ground, the educator must ensure that it is trashed as it might be contaminated.
The educator must uphold the values of “Duty of Care”, and put it into her daily practice.
These are minor but essential details that must be sincerely followed.

2e. Discrimination:
Diversity enriches a place with various cultures, languages, traditions and values. People from
different background bring in various skills and qualities that can help to improve the
environment. For instance, staff members who are from China can communicate in Mandarin
with children who are bilingual, and have difficulty understanding English. Staff members or
children must not be discriminated on the basis of race, gender, sexual orientation or any other
status. This is also applicable to children with learning disabilities, such as autistic children
must not be neglected or excluded, but given due attention to attain their full development.
Childcare services must collaborate to work out a support system to educate their parents about
intervention programs and trainings. Similarly, if a staff member is going through depression
due to personal problems, she must be offered medical help, and not be stereotyped.

2f. Informed Consent:

Informed consent is when the care taker agrees for the service to take certain action while
being fully aware of the consequences, risks as well as benefits. This may include important
details such as emergency contact numbers, medical condition, behaviours or any other
information that helps the service to make better decisions for the child. For example, if one of
the child is running a fever, the parent can give a consent to the educator that she can give
Panadol to the child before the parent can come to pick him up. Similarly, informed consent
must be given by the caretakers for the participation of the child in an excursion, such as a visit
to the museum, etc. This is also applicable when observing certain children for conducting a
research, and the parents’ permission to use videos, photographs, drawing and writing samples
of the child.

3. Client  Verbal complaint to Staff Report to Nominated Supervisor or Approved

Provider  Discuss an action plan by referring to policies and procedures.

If unresolved

Client Help to fill out Grievance form (Give the client contact details who can be contacted
to receive a complain, and the contact details of regulatory authority)

4.
Legal/Ethical Requirements
1. If a child is at risk of being harmed
or neglect then the educator must
carry out mandatory reporting.
2. Only those caretakers are eligible to
pick up the children who have their
names in the enrolment application
forms, and provided a copy of their
ID to the centre.
3. If the service is a “nut free zone”,
the educators must not bring nuts or
handle nuts before coming to the
centre.
Workplace example
A pre-schooler tells his friends that his
father curses at him and tried to hit him, this
must instantly be reported to the Nominated
Supervisor.
When a parent, who has a restraining order,
is allowed to come in the centre and play
with his child, the Supervisor must be
reported.
Bringing nuts as a snack and having it
during the lunch time in the staff room
when no one is watching. This could highly
hazardous to a child’s life who may have
allergies to nuts.

5. While working in the Baby’s Room, a mother told me that her son’s, who was in the
preschool, birthday was approaching. She wanted cupcakes with Spiderman’s picture
on it. I was elated at the idea of making some extra money, so I told her that I can
make cupcakes. She asked me if I could email her my contact details. Later, my Room
Leader explained that this would be unethical as I cannot promote my personal
 interest as it means I am crossing my professional boundaries. Moreover, I would not
be able to specify the details of the ingredients and its nutritional values and calories.
Therefore, the next day, I politely told the mother that I would not be able to bake
cupcakes for him as I do not have extra time.

6. Modern Award: Educational Services (Teachers) Award 2010

7. A) Safe handling of food items: Whenever sultanas were provided in the afternoon
tea, the remaining sultanas were kept in the cabinet by folding the plastic bags. I
suggested that they could be transferred to an airtight containers or kept in the fridge
so that its aroma does not attract ants.
B) Protect from danger: A child wore a string with an amulet around his neck. My
Room Leader and I noticed that it was very small and could easily suffocate him. We
reported to the Supervisor and talked to the parent that it is dangerous, and the parent
instantly removed it.

Bibliography: 
"National Quality Framework". Acecqa.gov.au. N.p., 2015. Web. 30 May. 2017.