Support workers must be clear about their duties and responsibilities and the boundaries of their role. You need to understand your legal obligations and demonstrate them in your work practice.
Your responsibilities – including your role description, duties and line of reporting – should be documented in your position description. This document briefly describes what the organisation expects from you and how it links to the organisation’s goals and objectives.
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Boundaries of your role
Legally, you must only carry out those tasks for which you are employed to perform and for which you are qualified and competent. These limits protects the people you provide support services to, as well as yourself, your employer and your colleagues.
When a job description or duty statement is developed for a particular role or position, your employer will refer to the requirements set out in the relevant legislation, service standards and organisational policies. Organisational policies and procedures set out your responsibilities and the limitations of your role.
Your employer has a responsibility to ensure that you have all the skills, knowledge, training and qualifications required to carry out your role competently.
Case study
Jodie is a manager at a large residential facility and she is training Ellie, a new support worker. Jodie talks to Ellie about her legal rights and responsibilities for performing her job role. Legally, Ellie must only carry out those tasks which are outlined in her job description and which she is qualified and has the training.
They read through her job description and Jodie clarifies the section that describes Ellie's responsibilities for reporting abuse.
Jodie tells Ellie that it is her responsibility to monitor her skills, knowledge, training and qualifications required to carry out her role safely. They finish the meeting discussing an upcoming manual handling training session that Ellie will be joining.
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The Fair Work Commission provides information and advice to employees about your rights and obligations. You can find more information at Protections at work.
Overstepping the boundaries of your role
You must only carry out those tasks for which you are explicitly employed and for which you are qualified and competent. Failure to work within these boundaries may result in reprimand, performance management and training, disciplinary action, harm to people who receive services, and legal action against you and/or your employer.
If you are in doubt as to the boundaries of your job role, discuss this with your supervisor. You can also seek advice from professional associations such as the Australian Community Workers Association (ACWA). Associations provide a range of training and professional development for members, as well as discussion forums for you to connect with your peers.
As a support worker, you also have rights under the National Employment Standards and Industrial Relations.
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Select the items on the image to reveal other consequences of breaching the boundaries of your role.
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Legal issues
Sometimes your role requires you to consider legal matters. For complex situations, you must always speak with your supervisor. They may decide to consult a legal practitioner. Some organisations have links with legal practitioners in private practice that offer pro bono services. Community legal centres are also an affordable source of legal advice and support.
Common legal issues arising across different sectors:
- duty of care and dignity of risk
- maintaining confidentiality
- workplace health and safety issues
- reporting breaches of service standards, legislation, rights, policies and procedures
- informed consent and informed decision-making
- advocating for or seeking advocacy for a vulnerable person.
Responding to legal issues
You must always support your client's rights in the actions you take. If a legal issues is on behalf of your client, you must collect information and evidence objectively, and check what the person wants to do. Your organisation’s policies and procedures will outline the options and steps to take.
You will rarely be expected to deal with a legal issue on your own. You should discuss the issue with your supervisor, or refer the person to another worker or professional who has the appropriate skills. You must not give legal advice; this is outside of your area of expertise and your job description.
Industrial relations
Industrial relations is the management of work-related entitlements and obligations between employers and their employees. The area is governed by the Fair Work Act 2009 (Cth).
In Australia, industrial relations laws cover employment issues such as minimum wages, pay equity, employment standards, leave entitlements and hours of work. It protects all workers from discrimination and unfair dismissal.
Your employer has obligations to you such as:
- ensuring they are paying employees at least the minimum wage
- staying abreast of relevant awards and enterprise agreements
- resolving issues, disputes and dismissals
- ensuring the workplace offers equal opportunity for all and is free from discrimination
- making flexible working arrangements for team members
- ending employment.
Jobs Australia is a non-profit community services organisation that supports people seeking advice about matters relating to industrial relations and human resources. Jobs Australia provides professional industrial relations advice and representation, as well as consultancy and training, events and workshops, reviews of contracts and classifications, access to updated awards and pay tables, and enterprise agreement drafting and support.
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Respond to the question below and select ‘Check’ to see if you are correct.