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Lecture Notes- Manage Legal and ethical compliance

Lecture Notes - Manage Legal and Ethical Compliance, Code of Conduct, ACTs & Laws

University
TAFE New South Wales
Course
Community Services - Case Management (CHC52015)
Uploaded by
Yana YR

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Preview text

Notes 28/08/
Manage Legal and Ethical Compliance

Class Discussion and ideas What is your understanding of the Australian legal
system? - Federal/state/local - Laws/act/legislation -
Government/parliament/parties, Prime Minister’s - Police/enforcement - Court

1)Motion – Lower House gets passed 2) Parties debate 3) Senate ACT Law

What is your understanding of ‘types of law’? - Legal - Illegal - Federal/state -

Liberal/Labour

Commonwealth Law: Also known as judge made case law and Precedent law. Anything
that doesn’t have legislation.

Parliament Law: Also known as statute law, legislation. Is developed through the
houses of parliament by the way of a bill.

Law: A body of rules of conduct of binding legal force and effect, prescribed,
recognised and enforced by controlling authority.

Statute Law/ Purpose of Statues: - Solve a problem - Give effect to party policy -
Prevent problems - Consolidate common laws - Statute law always override common law

Federal – Parliament State/Territory – Parliament Local – Council

What is the Government responsible for in Australia?

Federal: General laws, Centrelink, Healthcare State/Territory: RTA (roads,

licences) Local: Education, schools, community events, council

Key Legislations – Australian Government:

Family Law ACT 1975

Freedom of Information ACT 1982
Work Health and Safety ACT 2011
Equal Employment Opportunity (Commonwealth Authorities) ACT 1987
Privacy ACT 1988
Racial Discrimination ACT 1975
Disability Discrimination ACT 1992
Sex Discrimination ACT 1984

Key Legislations – New South Wales Government: - Anti-discrimination ACT 1977 -

Administrative decisions Tribunal ACT – no date - Crimes ACT 1900 - Evidence ACT
1995 - Government Information Public Access ACT 2009 - Mental Health ACT 2007 -
Ombudsman ACT 1974 - Young Offenders ACT 1997 - New South Wales Trustee and
Guardian ACT 2009 - Public Interest Disclosures - no date - Privacy and Personal
Information ACT 1998

Australian Federal Government: - Defence - Currency - Foreign affairs and trade -

Immigration and Social Security - Employment - Taxation and finance - Industry -
Health and science - Environment - Tourism - National defence - National
development - Postal Service
State Government: - Education - Transport - Police - House - Hospitals -
Agriculture - Lands - Mines

ACTS contain set elements. (Unlawful to discriminate, treated less favourably, not
given the same opportunities as others in the same situation) Importance of code of
ethics in the community services sector: - Outlines worker and client
responsibilities - Guidelines for ACTs, laws and legislations - Maintain the
standards required - Rules, ground work, clarifies standards including
mission/vision of organisations

How to implement code of ethics in the workplace: - Give a copy of the Code Of
Ethics to all staff - Provide a way to report breaches in a confidential matter -
Set up committee that monitors Code Of Ethics - Make Code Of Ethics available in
other languages - Make senior staff role models/implement Code Of Ethics - Copies
available to other organisations and partners if appropriate - Introduction
sessions include a session of Code Of Ethics - Featured in ongoing training

Ensure Compliance with Code Of Ethics: - Make sure Managers/Supervisors/Leaders

have suitable knowledge - Demonstrate and set an example to other staff - Remind
staff why Code Of Ethics are necessary - Make Code Of Ethics easily accessible for
all - Encourage Employees - Monitor who has read Code Of Ethics/ internal audit

Short Answer Questions:

As a manager, what steps would you take if there were any breaches within your
team/organisation?

Uphold privacy and confidentiality of person raising breach

Determine if Code Of Ethics have been breached ASAP (weather they formal or
informal). Elements to look into would be: Proof of alleged breach, compliance
history or person or group and who raised the breach (could there be possibilities
of conflict?)
Allegations of misconduct will be considered by an independent and unbiased
authority
Uphold Duty of Care to all employees
Documentation to be prepared
Consultation: chance for person or group to speak, express emotions and
thoughts
Record keeping
Suspension/reassignment of duties/probation
Access to support for person who breached Code Of Ethics (i. counselling, extra
days off work, referral to appropriate services if needed)

Explain why it is important for management team to follow all workplace

policies and procedures?

Demonstrates compliance
Teachers staff the importance of policies and procedures
Becomes a source of information/support
Knowledge and experience
Comply with legal and organisations requirements
Keeps workplace and staff safe from breaches
Staff and management know what to do in case of breaches

List what practices you demonstrate as a role model to your team?

Initiative to take responsibility in regards to training

Implementation
Inspire other staff
 Set aside time for employee concerns and questions
Support and encouragement/approachability
Attend training/workshop/meeting/implementations alongside staff
Provide knowledge and assistance to staff who need further assistance
Provide easy access to Code Of Ethics
Ability to learn about the employee and build positive strong rapport and
relationships

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Notes
28/08/18
Manage Legal and Ethical Compliance
Class Discussion and ideas
What is your understanding of the Australian legal system?
-Federal/state/local
-Laws/act/legislation
-Government/parliament/parties, Prime Minister’s
-Police/enforcement
-Court
1)Motion – Lower House gets passed 2) Parties debate 3) Senate ACT Law
What is your understanding of ‘types of law’?
-Legal
-Illegal
-Federal/state
-Liberal/Labour
Commonwealth Law: Also known as judge made case law and Precedent
law. Anything that doesn’t have legislation.
Parliament Law: Also known as statute law, legislation. Is developed
through the houses of parliament by the way of a bill.
Law: A body of rules of conduct of binding legal force and effect,
prescribed, recognised and enforced by controlling authority.
Statute Law/ Purpose of Statues:
-Solve a problem
-Give effect to party policy
-Prevent problems
-Consolidate common laws
-Statute law always override common law
Federal – Parliament
State/Territory – Parliament
Local – Council
What is the Government responsible for in Australia?
Federal: General laws, Centrelink, Healthcare
State/Territory: RTA (roads, licences)
Local: Education, schools, community events, council
Key Legislations – Australian Government:
-Family Law ACT 1975
-Freedom of Information ACT 1982
-Work Health and Safety ACT 2011
-Equal Employment Opportunity (Commonwealth Authorities) ACT
1987
-Privacy ACT 1988
-Racial Discrimination ACT 1975
-Disability Discrimination ACT 1992
-Sex Discrimination ACT 1984
Key Legislations – New South Wales Government:
-Anti-discrimination ACT 1977
-Administrative decisions Tribunal ACT – no date
-Crimes ACT 1900
-Evidence ACT 1995
-Government Information Public Access ACT 2009
-Mental Health ACT 2007
-Ombudsman ACT 1974
-Young Offenders ACT 1997
-New South Wales Trustee and Guardian ACT 2009
-Public Interest Disclosures - no date
-Privacy and Personal Information ACT 1998
Australian Federal Government:
-Defence
-Currency
-Foreign affairs and trade
-Immigration and Social Security
-Employment
-Taxation and finance
-Industry
-Health and science
-Environment
-Tourism
-National defence
-National development
-Postal Service
State Government:
-Education
-Transport
-Police
-House
-Hospitals
-Agriculture
-Lands
-Mines
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