CHCLEG001 Work legally and ethically

1 CHCLEG001 Work legally and ethicallyRelease 1 Learner guideAspire Version is committed to developing quality resources that meet the needs of our customers. However, occasionally Aspire finds, or is notified of, errors. Please refer to our website at to see if there are any updates that may be relevant to effort has been made to ensure the information in this book is accurate; however, the author and publisher accept no responsibility for any loss, damage or injury arising from such where an information source is acknowledged, the names and details of individuals and organisations used in examples are fictitious and have been devised for learning purposes only. Any similarity to actual people or organisations is websites referred to in this unit were accessed and deemed appropriate at time of Training & Consulting apologises unreservedly for any copyright infringement that may have occurred and invites copyright owners to contact Aspire so any violation may be Work legally and ethically , Release 1 2017 One World for Children Pty Ltd407 411 Thompson RoadNORTH GEELONG VIC 3215 AUSTRALIAP hone: (03) 5272 and design 2017 Aspire Training & ConsultingLevel 1, 464 St Kilda Road MELBOURNE VIC 3004 AUSTRALIAP hone: (03) 9820 1300 First published February 2018 Cover design Rewind CreativePrinter Doculink Australia Pty Ltd, 1d/28 Rogers Street, Port Melbourne VIC 3207e-ISBN 978-1-76075-107-4 (PDF version)ISBN 978-1-76059-991-1 Copyright WarningThis product is copyrighted to One World for Children(ACN 076 297 400).

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3 UNIT RELEASE 1 (ASPIRE VERSION ) ONE WORLD FOR CHILDREN PTY LTD iiiContentsBefore you begin ivTopic 1 Identify and respond to legal requirements 11A Sources of legislation 31B Legal responsibilities 191C Legal work practices 241D Reporting breaches 33 Summary 35 Learning checkpoint 1: Identify and respond to legal requirements 36 Topic 2 Identify and meet ethical responsibilities 392A Ethical responsibilities 412B Meet ethical responsibilities 482C Help with ethical issues 512D Ensure non-judgmental practice 542E Ethical problem-solving 592F Recognise and report unethical conduct 622G Conflicts of interest 64 Summary 66 Learning checkpoint 2: Identify and meet ethical responsibilities 67 Topic 3 Contribute to workplace improvements 693A Meet legal and ethical responsibilities 713B Share feedback with colleagues and supervisors 733C Review and develop policies 75 Summary 78 Learning checkpoint 3: Contribute to workplace improvements 79iv UNIT RELEASE 1 (ASPIRE VERSION ) ONE WORLD FOR CHILDREN PTY LTDCHCLEG001 WORK legally AND ETHICALLYB efore you beginThis learner guide is based on the unit of competency CHCLEG001 Work legally and ethically , Release 1.

4 Your trainer or training organisation must give you information about this unit of competency as part of your training program. You can access the unit of competency and assessment requirements at: to work through this learner guideThis learner guide contains a number of features that will assist you in your learning. Your trainer will advise which parts of the learner guide you need to read, and which practice tasks and learning checkpoints you need to of the learner guideHow you can use each feature Learning contentXXRead each topic in this learner guide. If you come across content that is confusing, make a note and discuss it with your trainer. Your trainer is in the best position to offer assistance. It is very important that you take on some of the responsibility for the learning you will highlight learning points and provide realistic examples of workplace tasksXXPractice tasks give you the opportunity to put your skills and knowledge into practice.

5 Your trainer will tell you which practice tasks to clipsXXWhere QR codes appear, you can use smartphones and other devices to access video clips relating to the content. For information about how to download a QR reader app or accessing video on your device, please visit our website: learning points are provided at the end of each checkpointsXXThere are learning checkpoints at the end of each topic. Your trainer will tell you which learning checkpoints to complete. These checkpoints give you an opportunity to check your progress and apply the skills and knowledge you have UNIT RELEASE 1 (ASPIRE VERSION ) ONE WORLD FOR CHILDREN PTY LTD 1 Identify and respond to legal requirementsWhile working in children s services, you must meet a range of statutory and regulatory regulations have a direct impact on your daily work, as do national standards relating to quality outcomes for children. As a responsible staff member, you must be familiar with the legislation and regulations, as well as your personal duty of care to other staff, parents and 1In this topic you will learn about:1A Sources of legislation1B Legal responsibilities 1C Legal work practices 1D Reporting breaches2 UNIT RELEASE 1 (ASPIRE VERSION ) ONE WORLD FOR CHILDREN PTY LTDCHCLEG001 WORK legally AND ETHICALLYThe following table maps this topic to the National Quality Standard and both national learning frameworks.

6 National Quality Standard Quality Area 1: Educational program and practiceQuality Area 2: Children s health and safetyQuality Area 3: Physical environmentQuality Area 4: Staffing arrangementsQuality Area 5: Relationships with childrenQuality Area 6: Collaborative partnerships with families and communitiesQuality Area 7: Governance and leadershipEarly Years Learning FrameworkMy Time, Our PlacePrinciples Secure, respectful and reciprocal relationships PartnershipsHigh expectations and equity Respect for diversity Ongoing learning and reflective practicePractice Holistic approachesHolistic approachesResponsiveness to childrenCollaboration with childrenLearning through playLearning through playIntentional teachingIntentionalityLearning environmentsEnvironments Cultural competenceCultural competenceContinuity of learning and transitionsContinuity and transitionsAssessment for learningEvaluation for wellbeing and learningOutcomesChildren have a strong sense of identityChildren are connected to and contribute to their world Children have a strong sense of wellbeingChildren are confident and involved learnersChildren are effective communicators UNIT RELEASE 1 (ASPIRE VERSION )

7 ONE WORLD FOR CHILDREN PTY LTD 3 TOPiC 1 IDENTIFY AND RESPOND TO LEGAL REQUIREMENTS1A Sources of legislation Regardless of where your work is located or the nature of your service, there are always rules to follow. As the role of caring for children is a significant responsibility, there are many associated legal legal systemLaws are developed to create a consistent understanding of what is appropriate and what is legal system determines the ways in which laws are made or federal government is responsible for some areas of the law, while state and territory governments are responsible for others. The legal authority of each government (state, territory or federal) is known as its jurisdiction. The Australian legal system is made up of five types of law, as outlined lawCommon law is developed by judges and courts, and occurs when individual decisions are made that set a precedent (example) for future decisions. Common law precedence can establish a basis for statute lawStatute law relates to laws that are created by Acts of parliament.

8 In Australia, each state and territory can set its own legislation to cover the areas it is responsible for, such as education. The federal government can set laws that govern the whole country in areas such as lawChanges to the Australian Constitution require the federal government to achieve a two-thirds majority in a referendum , which is a vote by the Australian people. international lawInternational law covers a number of conventions to which Australia is a signatory, such as the Convention on the Rights of the lawCustomary law is recognition that Aboriginal and Torres Strait Islander peoples have their own form of law. This notion was rejected by the British when they colonised Australia, but the Mabo decision by the High Court in 1992 recognised that Indigenous Australians could retain common law rights to UNIT RELEASE 1 (ASPIRE VERSION ) ONE WORLD FOR CHILDREN PTY LTDCHCLEG001 WORK legally AND ETHICALLYActs of parliamentActs of parliament are forms of legislation that have been passed by the government.

9 A new Act is developed through a rigorous governmental process, where a bill (draft legislation) is created, discussed, debated, amended and eventually passed to create an Act. A current Act can only be changed by a new or amended Act coming into may be at a federal (Commonwealth) level, or may apply only to a particular state or territory. You need to understand the relevant legislation in your children s services environment, which will depend on the state or territory of your organisation. The following video explains how laws are made at a state level, which is similar to how Commonwealth laws are made: often have regulations, which are rules that support the general requirements of the legislation. For example, the Child Protection Regulation 2011 (Qld) was made under the Child Protection Act 1999 (Qld).Regulations are common to people who work in children s services. They are discussed regularly, and policies and procedures reflecting regulations are developed to ensure every worker is aware of their responsibilities in regard to regulations and laws:XXUnderstand what is required of procedures that link to regulations and Acts.

10 XXEnsure you have access to regulations and about changes that may be made to regulations and the regulations and Acts to determine your Quality Framework In the children s services sector, a National Quality Framework (NQF) has been implemented with the establishment of the Education and Care Services National Law Act 2010. It covers long day care, family day care, outside school hours care and NQF incorporates licensing, regulations and quality assurance into a single system operating Australia-wide. UNIT RELEASE 1 (ASPIRE VERSION ) ONE WORLD FOR CHILDREN PTY LTD 5 TOPiC 1 IDENTIFY AND RESPOND TO LEGAL REQUIREMENTSIts goal is to enable services to use one unified system for working towards safety, best practice and quality. Within this framework are regulations and standards, which have been developed to establish uniform control over the operation of programs and services, and aim to ensure high-quality, consistent care across Australia.