As a community services worker, you have an obligation to your employer to work in accordance with the policies, procedures and protocols of your organisation.
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This means you must fully understand your organisation’s policies and procedures for the way you should carry out your role.
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Select each bar to expand and reveal further information about following appropriate work practices.
Mandatory reporting
Mandatory reporting refers to your legal obligation to report instances of suspected abuse or neglect.
Reporting requirements vary between the states and territories, but in most cases, any suspicion that a person is endangered, or subject to abuse or neglect requires the worker to report their concerns to appropriate authorities. You must first check whether your role includes mandatory reporting. This varies across occupations and from one state to another.
Mandatory reporting requirements are set out in the workplace’s reporting policies and procedures. Reporting procedures vary across different sectors, for example, whom to report to and when. Its your responsibility to understand your workplace’s definition of abuse and neglect and its reporting procedures. If in doubt, speak to your supervisor.
You must check the child protection legislation in your state and your employer’s policies on child protection to find out if you are subject to mandatory reporting obligations. If you are not sure about this, ask your supervisor, as your responsibilities can vary depending on your work role or organisation.
As a frontline worker, you will often be in the best position to observe and collect first-hand information, so it is essential that you record your concerns accurately and objectively. If the situation is taken to the children’s court, your records and notes may be required in evidence. Reports need to be accurate and objective.
Breaching mandatory reporting legislation
If your role includes mandatory reporting, you are legally required to do it. You must also follow the policies and procedures of the state government department that is responsible for child protection and/or the protection of other vulnerable people.
Not complying with this requirement may result in harm to a child or other vulnerable person.
Failure to comply with mandatory reporting requirements may result in a reprimand, performance management, disciplinary action, dismissal and possible legal action. It is important to take these responsibilities seriously.
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You can read more about mandatory reporting at 1800 Respect.
To find out about legislation for each state and territory, visit Mandatory reporting of child abuse and neglect.
Child protection
Each state and territory has a legislative act that addresses child protection. In some cases, child protection legislation is combined with legislation governing the care and education of children.
State and territory governments in Australia are responsible for administering and operating child protection services. Non-government organisations (NGOs) may also provide child protection services. Legislation in areas such as adoption, human rights, family law, young offenders, family violence, and working with children is also relevant to child protection.
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You can find more information about the main child protection acts in each Australian state and territory at Australian child protection legislation.
Breaching child protection Acts
In all states, a government department is responsible for applying child protection legislation. If child protection Acts are breached, officers of that department are responsible for investigating and acting on concerns about the welfare of a child. This may result in entering and searching premises, carrying out an investigation, and taking actions such as removing a child from immediate danger.
The matter may then be referred to a children’s court for a decision about what further actions should be taken to ensure the safety of the child. Adults who are proven to have harmed a child may be charged with various criminal offences.
In relation to child protection, common law duty of care means that if you are working in a role where you owe a duty of care to a child and you breach that duty of care by acting in a way that causes the child foreseeable harm, you may be deemed negligent. The existence of a duty of care relationship depends on the facts of each particular case; however, in general, an adult is assumed to have a duty of care towards a child in their care.
Records management
Each state and territory has its own legislation regarding how to manage the records of people who receive services.
Records management legislation promotes the fair and responsible handling of information in order to protect privacy, ensure individuals have the right to access their records and provide a framework for the resolution of complaints regarding the handling of records.
The National Privacy Principles and Information Privacy Principles apply to organisations and Australian Government (and Norfolk Island Government) agencies. As mentioned previously, there are 13 national privacy principles that apply to the collection, use and storage of people’s information.
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Breaching records management legislation
Breaching records management legislation is a serious matter. Disclosing personal information about people who receive services can lead to mistakes in service provision that could affect the safety and wellbeing of the person. It can also contribute to the organisation not meeting service standards and the consequences that follow.
Depending on the industry sector and the state, complaints about a breach of privacy and confidentiality through incorrectly managed records may be directed to state or federal authorities such as an ombudsman, a tribunal or commission.
If you breach records management legislation you may be:
- reprimanded or disciplined by your employer
- required to participate in performance management and training
- dismissed
- the recipient of legal action.
Informed consent
Your organisation will have policies and procedures that you must follow to obtain agreement and informed consent from people you work with.
In community services, the fundamental rights of people to autonomy, to have choices and to make decisions about their lives should always be upheld.
This means that you must have the person’s consent before you:
- offer a service
- assist a person to carry out personal care or a daily living activity
- refer them to a service or resource
- implement a particular service, intervention or strategy.
When obtaining informed consent, you must make sure people have all the relevant information about the particular decision and its likely consequences. You must not use bullying tactics, physical force, deceit, coercion or undue influence when you are supporting a person to make a choice.
Follow your organisation’s policies and procedures for obtaining informed consent and do not assume that a person is incapable of giving informed consent until this has been proven.
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Work with an advocate
When seeking informed consent, an advocate may be required when the person needing care needs help or is unable to speak for themselves. An advocate is a person appointed to help an individual make decisions about services and about their lives. A person may need an advocate to give informed consent for issues surrounding the provision of services.
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Breaching principles of informed consent
If you do not follow guidelines for obtaining informed consent, you may be reprimanded or disciplined, you may be dismissed, or you and your employer may have legal action taken against you. You may also jeopardise the person’s rights. This may affect their wellbeing, self-esteem and dignity.
Not obtaining informed consent for actions that carry any degree of risk may result in legal action for any resulting harm. For example, failing to obtain informed consent before providing a medical service can result in legal action for compensation and damages if something goes wrong. Failing to obtain consent before sharing confidential information can also lead to legal action.
In a broader context, following guidelines for obtaining informed consent is also a requirement for meeting service standards, so failing to do this may result in a negative assessment of your organisation.
Guardians
A guardian may be appointed if a person is unable to give informed consent or make decisions about their life. A guardian is a person who has the legal authority to make decisions for another person.
A guardian may be appointed by the state or territory. For example, the Guardianship Division of the NSW Civil and Administrative Tribunal appoints guardians in order to protect the rights and interests of people with an impediment to decision-making. Check your state legislation for laws, policies and procedures relating to guardianship for adults.
Guardians have a duty to:
- protect the rights, welfare and best interests of the individual
- encourage the individual to live as normal a life as possible
- consider the person’s views
- preserve and recognise the cultural and linguistic needs of the individual
- protect the individual from abuse, neglect and exploitation.
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Practice standards
All community services operate according to service standards. Information about the rights and responsibilities of the people receiving services from a particular organisation or within a particular industry sector can be found in service standards, professional practice standards and organisational policies.
Some states have practice and service standards for youth work, domestic and family violence, and alcohol and other drugs (AOD) work. Check your state and industry sector. Depending on what sector you work in, there may be specific practice standards that apply. For example:
The Aged Care Quality Standards (2019) define quality of aged care in areas such as dignity and choice, services and supports for daily living, feedback and complaints, personal care and clinical care.
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The National Quality Framework sets a national benchmark for early childhood education and care.
The National Standards for Disability Services focuses on the rights and outcomes of people with disability.
ACWA guidelines define a standard of practice for ACWA members that is relevant to all community services workers.
The National Quality Standard sets a national benchmark for early childhood education and care.
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Breaching practice standards
In sectors where there are legislated service or practice standards, breaches can result in loss of funding, which in turn affects workers and people who receive services. Breaches of practice standards that are not legislated may impinge on the rights and harm the welfare of people who receive services, and cause damage to the organisation’s reputation.
Workers who breach practice standards may be reprimanded, required to participate in performance management and training, dismissed, or, in some cases, subject to legal action. If meeting practice standards is linked to professional registration or licensing, workers may lose their registration or membership of a professional association.
Rights and responsibilities
An employer has a right to expect certain levels and standards of performance from employees, and employees have the right to expect certain conditions from their employer. The employer is responsible for the successful operation of the organisation, and employees must complete their work tasks to ensure the operation runs efficiently.
Apply your skills
Here are some examples of your rights and responsibilities as a support worker in community services. Drag and drop to sort each example into the correct category: your rights or your responsibilities. Select ‘Check’ to see if you are correct.
The rights and responsibilities of the person receiving support
Community services organisations use their policies to outline the way they will protect the rights and responsibilities of people receiving services.
These policies may be based on legislation and legislated standards, as in the disability services sector, or on individual organisational values.
Information about the rights and responsibilities of the people receiving services from a particular organisation or within a particular industry sector can be found in service standards, professional practice standards and organisational policies. Information may also be contained in the annual report of an organisations and the constitution of non-government incorporated agencies and associations.
Apply your skills
Here are some examples of the people receiving support’s rights and responsibilities. Drag and drop to sort each example into the correct category: the rights of a person receiving support or the responsibilities of a person receiving support. Select ‘Check’ to see if you are correct.
Breaching the rights of a person receiving support
Consequences to the organisation of breaching the rights of a person who they support can include damage to its reputation; loss of business, time and resources spent dealing with complaints and related issues; and in some cases, loss of funding due to their failure to meet sector standards.
The consequences for the person receiving support would be the loss of whatever right was overlooked, the loss of services required to meet their needs, damage to their wellbeing and personal consequences such as stress and loss of self-esteem.
Consequences to workers may include reprimand, performance management, training, discipline procedures, dismissal and in some cases, legal action.
Case study
Frederick is 83 years old. He lives alone in a rented house in an inner-city suburb. Sybil is a support worker from the local council's aged care service. She visits Frederick twice a week to help with tasks such as shopping and basic cleaning. She accompanies him to medical appointments and helps him to attend the seniors’ recreation programs and outings run by the council.
Sybil has recently noticed that Frederick’s house has become increasingly untidy and that Frederick is often unshaven, his clothing stained and he appears to be losing weight. Frederick has begun to limp and she sees an unhealed wound on his ankle. Yesterday Frederick asked Sybil if she would move into his house to keep him company and to look after him. He said that he has a lot of money in the bank and would pay her well.
Sybil explains that she is already paid for the support she provides and they talk about how a cleaner could help him with the heavy housework, which is not part of the support she provides. Sybil asks if he would like to her to make an appointment with his doctor and he agrees if she will accompany him.
Sybil explains about a referral to the Aged Care Assessment Team (ACAT) for assessment of his care and support needs. Frederick is reluctant to have an assessment. He keeps offering to pay for extra services but agrees that having a cleaner and talking to his GP would be a good idea. Sybil makes a note of their conversation and passes this information on to her supervisor.
Reflect
Reflect on Sybil's response to Frederick's request for her to move in. How does maintaining professional boundaries benefit both the client and the support worker in a home care setting?
Why is it important to involve other healthcare professionals and services to identify the support needs of an older person showing signs of decline?
Record your responses in your digital device.
Check your understanding
Respond to the question below and select ‘Check’ to see if you are correct.