Legal Framework in Counselling Diploma: Ethics, Confidentiality, and Privacy

This article discusses the legal and ethical responsibilities of counsellors in maintaining confidentiality and privacy in counselling sessions. It explores the Australian legislation and the Code of Ethics for early childhood professionals. The article also provides scenarios and work practice improvements to enhance workplace responsiveness.

Legal Framework
Counselling diploma

Table of Contents
TASK ..............................................................................................................................................3
REFERENCES................................................................................................................................5

TASK
Scenario1
Ethics are the set of principles and moral values that are exercised in daily practice. The
Australian legislation has first identified the statutory framework by establishing the Code of
ethics , 1990 which outlines the ethical responsibilities of an early childhood professionals. It is
comprehensive document that addresses the child issues and support them through child care
settings. The legislation is specifically dealing with the core values of child and their dignity
integrity and respect that are significant at every workplace. Staff members frustration on the
child and derogatory comments from colleagues are really disappointing and against the ethical
values. The unique legal and ethical responsibilities are bound with certain legal formalities
which includes privacy of information between the counsellor and their parents. The counselling
process between the parents and counsellor in relation to the child owes several duties to
maintain the privacy and duty of care to their clients information (Ahmad, (2018)). Another
foundation stone of counselling process is confidentiality which means to keep secrecy of
information which are signed through an written document which impose certain limits on the
professionals to not share those information from others. The counsellors and other professionals
are expected to behave in ethical manner. According to the federal Education Rights and Privacy
Act of 1994 that facilitates the minor child top access mental therapy from counsellor after
notifying their parents and families especially when it involves his best interest.
The counsellor is legally obliged to act in a lawful manner to prevent maintain secrecy and
privacy of the information. If any of the mentioned condition such as confidentiality and
privilege has been affected, this may affect the child and elder's right. It may cause harm to
counsellor and another from those whose these information are associated. The counsellor is
required to stake reasonable care to prevent sharing of information otherwise local authorities
and agency can notify them for his wrongful act (Bar-Tuvia, (2018)) .
The two work practice improvements that you feel are designed to improve and enhance
workplace responsiveness are :

Staff and other employees must be familiar with the National Quality Framework. It is important
to conduct meetings to indulge the educators in order to enhance the service quality.
The Educators and counsellors are required to support and guide each other with effective
mechanism. The positive environment should be created where the ethical issues may occur
which helps to respond accordingly.
Work policies and procedure must be connected to privacy and secrecy of information to
maintain dignity and integrity of the people.
Scenario 2:
The conversation take place between the two people about their parent's separation which was
discussed by them during break. It is legal and ethical responsibilities of the counsellor is to
maintain the secrecy of information that was disused by them during the client's counselling
session (Kahn, (2020)). It is a professional conduct and ethical duty of the counsellor to
maintain the secrecy and privacy of their information otherwise he will be legally liable for his
act. The sensitive information related to family matters required full secrecy and reasonable care
from sharing to other parties. The duty to protect is complexity lies over the counsellors the
legal consequences will be arise over the counsellor for violating sense of trust of their client's
information. He has violated the code of confidentiality. This resulted into loss of job, faith and
several legal issues may be raised against the counsellor. The client centred approach helps them
to understand the belief, perception and idea of their client and direct them in a right path.
Scenario3:
The Confidentiality and privacy is a legal and ethical concept that has been identified with the
help of Proactivity Act of 1988. This Act establish through the main objective of securing the
personal information and unsolicited of core documents etc. to maintain the secrecy of
information that take place between the counsellors and client Sulaiman, Toulson, Brougham,
Lempp, & Haar .et.al (2022)) . The wide range of policies and procedures has been laid down
under the Australian legislation that aims to restore and collect information that belongs to the
individual.The spread of information which may enhance the risk and abuse the victim.
Australia is member state of Universal Declaration of Human right which ensure freedom,
justice, peace, integrity etc. which also includes maintenance of privacy of an individual.
However, confidentiality is also paramount objective of counsellor to assist their client and

getting emotionally attachment process with them. As a counsellor, they are agreed with the
same terms and in the same sense to personally experience the world of each other.
REFERENCES
Books and Journals
Ahmad, S. (2018). Can ethical leadership inhibit workplace bullying across East and West:
Exploring cross-cultural interactional justice as a mediating mechanism. European Management
Journal, 36(2), 223-234.
Bar-Tuvia, S. (2018). Australian and Israeli agreements for the permanent transfer of refugees:
Stretching further the (Il) legality and (Im) morality of Western externalization
policies. International Journal of Refugee Law, 30(3), 474-511.
Buchanan, A., Parsons, D., & Milbourn, B. (2020). Ethical and legal responsibilities of
occupational therapy practice. In Occupational Therapy in Australia (pp. 81-90).
Routledge.
Delany, C., Edwards, I., & Fryer, C. (2019). How physiotherapists perceive, interpret, and
respond to the ethical dimensions of practice: A qualitative study. Physiotherapy Theory and
Practice, 35(7), 663-676.
Holland, P., & Tham, T. L. (2022). Workplace biometrics: Protecting employee privacy one
fingerprint at a time. Economic and Industrial Democracy, 43(2), 501-515.
Kahn, J. P. (Ed.). (2020). Digital contact tracing for pandemic response: Ethics and governance
guidance. Johns Hopkins University Press.
Sulaiman, R., Toulson, P., Brougham, D., Lempp, F., & Haar, J. (2022). The role of religiosity in
ethical decision-making: a study on Islam and the Malaysian workplace. Journal of Business
Ethics, 179(1), 297-313.