Aim of the report

CHCCS400B Work within a relevant legal and ethical frameworkDemonstrate in all work, an understanding of the legal responsibilities and key statutory and regulatory requirements relevant to the work roleWorkers in any organisation must comply with policy and procedural requirements, whilst adhering to the legal and ethical constraints within which the organisation operates. Community service workers need to know the legal requirements relevant to the type of service provided by the organisation for which they work. They must know how the relevant legislation, statutory and regulatory requirements will impact on the work they do and on their responsibilities and obligations.Legislation and statutory requirement impact on the ways in which workers and management interact with clients and other stakeholders and on the ways in which client and worker rights and support needs are catered for. The type of clients with whom workers will interact will depend, to large degree, on the type of service offered and the community service area within which the employing organisation operates.Community services clients might include:•individuals living in residential aged care environments•individuals living in the community•individuals who are prospective clients•individuals living in government funded services and/or institutions•unemployed people and job seekersfamilies•children and young people•people seeking advice and assistance•children and families using children’s services•homeless youth and adults•individuals seeking respite or applicative care•community groups who utilise facilities and casual servicesAlthough all of these people will have different needs and will expect different services, all of them have rights and will be protected under the legislation, statutes and regulations which impact on the service providing organisation.Statutes are laws made by an act of Parliament. A statute is a formal written enactment of a legislative authority that governs a country, state, city, or county. Typically, statutes command or prohibit something, or declare policy (Wikipedia). A regulation is also a law, and, as such, employers, workers, insurers, designers, manufacturers, suppliers and others associated with the operation of community service organisations have obligations, under both legislation and regulations that they must meet. Regulations support the general requirements of the legislation and provide more detail.All workplaces are, for instance, subject to Occupational Health and Safety (OHS) legislation. WorkCover administers the following regulations:1.Worker’s Compensation Regulation 2003.2.Workplace Injury Management and Worker’s Compensation Regulation 2002.3.Worker’s Compensation (General) Regulation 1995.
4.Worker’s Compensation (Insurance Premiums) Regulation 1995.5.Worker’s Compensation Transitional Regulation 1997.6.Occupational Health and Safety Regulation 2001.Community service organisations and their employees will need to comply with legislation, regulations and statutory requirements relevant to:•the prevention of discrimination•anti-harassment•privacy (national privacy legislation and principles)•Equal Employment Opportunity (EEO)•freedom of information•access and equity•social justice•mandatory notification•OHS legislationLegislation related specifically to aged care, child care, palliative care, youth services and to the care of people with disabilities etc will be relevant according to the community service sector in which the organisation operates.Workers also need to know their rights and responsibilities under the industrial legislation that applies in their state or territory. Industrial legislation, statutes and regulations impact on work conditions, wages, working hours and the obligations of employers and employees.Work practices should be constantly monitored to ensure compliance and as an aid to improve efficiency.When coordinating and performing in the work environment, managers, supervisors and community service employees must ensure that the services provided meet identified client needs and uphold client rights. They must also be aware of their legal and ethical responsibilities with regard to workplace relationships and employee rights.InformationEmployees must be provided, by the management of the work organisation, with information about their legal and statutory responsibilities and obligations. They must remain up-to-date with legislation and with any organisational changes that affect the parameters within which they will work.Information might be delivered to employees via in-house training, at staff meetings, via inter! intranet, web pages, and using memos and emails as communication tools. Files containing the information that employees will need, can be held in electronic or hard copy.Documented information relating to legislation, regulations and statutory requirements should be available from the Human Resource (HR) department in the organisation, from the internet or government printers. This information must be current, relevant and reliable.By ensuring that employees understand the legal responsibilities and obligations applicable to the workplace it becomes possible to set standards to which employees must adhere. KPIs (Key Performance Indicators) should be set and agreed upon with employees, so that all workers areaware of the standards to which they are expected to perform.