Legal and ethical

Work within a relevant legal and ethical framework CHCCS400C

This unit is about how to work within a legal and ethical framework that supports duty of care.



1. Demonstrate an understanding of legislation and common law relevant to work role

  1. In all your work, show an understanding of the legal responsibilities and obligations of your work role
  2. Follow legal requirements relevant to your work role
  3. Meet your duty of care responsibilities in the course of practice
  4. Accept responsibility for your own actions
  5. Maintain confidentiality
  6. Where possible, seek the agreement of the client before providing services

2. Follow identified policies and practices

  1. Work within identified policies and procedures
  2. Contribute to the review and development of policies and protocols as appropriate
  3. Work within the specifications and responsibilities of your position
  4. Seek clarification if you are unsure of the boundaries of what you are allowed to do as defined in your position description
  5. Ask for clarification if you get instructions that are not clear

3. Work ethically

  1. Protect the rights of clients when delivering services
  2. Use effective problem solving techniques when exposed to competing value systems
  3. Ensure services are available to all clients regardless of personal values, beliefs, attitudes and culture
  4. Recognize potential ethical issues and ethical dilemmas in the workplace and discuss them with an appropriate person (usually your supervisor)
  5. Recognize unethical conduct and report it to an appropriate person
  6. Work within boundaries applicable to work role
  7. Follow guidelines and legal requirements relating to disclosure and confidentiality
  8. Show that you are aware of your own personal values and attitudes and take into them account to ensure non-judgmental practice
  9. Recognize, avoid and/or address any conflict of interest

4. Recognize and respond when client rights and interests are not being protected

  1. Support the client and/or their advocate/s to identify and express their concerns
  2. Refer client and/or their advocate/s to advocacy services if appropriate
  3. Follow identified policy and procedure when managing a complaint
  4. Recognize witnessed signs consistent with financial, physical, emotional, sexual abuse and neglect of the client and report to an appropriate person as required
  5. Recognize and respond to cultural, linguistic and religious diversity (e.g. providing interpreters where necessary)

5. Other required skills

  1. Show that you understand and follow your own work role and responsibilities
  2. Follow organization policies and procedures
  3. Work within legal and ethical frameworks
  4. Negotiate to resolve difficult problems within organization protocols
  5. Consult with a variety of stakeholders in order to achieve service objectives



Your assessment

You have met many of the requirements of this unit if you have successfully completed the unit "Identify and respond to children and young people at risk" (CHCCHILD401A) and "Contribute to OHS processes" (HLTOHS300A)

Your assessor will:

  1. Observe you in real situations.
  2. Ask you the questions below. (The assessor can also ask follow-up questions if necessary.)
  3. Get a reference from your supervisor.

Interview questions:

  1. What rights and responsibilities do your clients have?
  2. What rights and responsibilities do your organization's workers have?
  3. What do you have to do to uphold the rights of clients? Explain the principles behind your practice?
  4. What is your organization's strategy for managing complaints? (Explain how it works.) Does it work well all the time for every complaint?
  5. What confidentiality requirements affect you? What do you have to do to maintain confidentiality?
  6. Ethics are importance in practice. Explain two cases where they make a serious difference to what you should do.
  7. What's the difference between ethical and legal problems? (e.g. confidentiality and privacy in the Privacy Act)
  8. What is the difference between civil law and criminal law? How does it affect you?



Covered in other units:

  1. Specific principles underpinning duty of care and associated legal requirements
  2. Outline of common legal issues relevant to the workplace
  3. Overview of relevant legislation in the sector and jurisdictions
  4. Relevant standards and codes of practice in the sector
  5. Strategies for addressing common ethical issues
  6. Strategies for contributing to the review and development of policies and protocols
  7. Occupational health and safety (OHS) requirements
  8. Overview of the legal system
  9. Principles and practices for upholding the rights of the children and young people
  10. Principles of ethical decision-making
  11. Types of abuse experienced by client (including systems abuse)
  12. Strategies for managing abuse of a client
  13. Reporting mechanisms for suspected abuse of a client