Legal and Ethical Considerations in the Workplace

This document discusses the importance of working legally and ethically in the workplace. It explores various codes of conduct, practices, and legislation that impact work roles. It also covers topics such as meeting client's rights, handling ethical dilemmas, policy frameworks, record management, privacy, confidentiality, and data protection. Additionally, it provides insights into the universal declaration of human rights and practice standards.

Work legally and Ethically

Table of Contents
Question 3...................................................................................................................................1
Question 5...................................................................................................................................4
Question 9...................................................................................................................................5
Question 14.................................................................................................................................5
Question 15.................................................................................................................................6
Question 18.................................................................................................................................6
ASSESSMENT 2: ...........................................................................................................................7
CASE STUDY ONE........................................................................................................................7
Q1................................................................................................................................................7
Q2................................................................................................................................................7
Q3................................................................................................................................................7
Q4................................................................................................................................................7
Q5................................................................................................................................................7
Q6................................................................................................................................................7
CASE STUDY TWO.......................................................................................................................8
Q7................................................................................................................................................8
Q8................................................................................................................................................8
Q9................................................................................................................................................8
Q10..............................................................................................................................................9
Q11............................................................................................................................................10
ASSESSMENT 3...........................................................................................................................10
Q1..............................................................................................................................................10
Q2..............................................................................................................................................10
Q3..............................................................................................................................................11
Q4..............................................................................................................................................11
REFERENCES..............................................................................................................................12

Question 3
Term How it is applied How it impacts your
work
Consequences
Code of conduct It is a written code
which become
benchmark against
individual and
organization
performance
Assists to improve the
organization as a
workplace and leads
towards ethical
manner.
Not complying with
the same will lead to
lose the job and affects
reputation.
Code of practice It is a guide to attain
standards of health,
safety and welfare
required under WHS
Provide better
workplace to
employees where they
can work easily
(Leese, Lidén and
Nikolova, 2019).
Common penalties are
defined which
includes job demotion,
pay reduction and
complying with the
same will lead to
enhance values
Discrimination It is applied by
implementing different
laws and regulation
defined by
government
It causes positive
impact upon
employees and leads
to improve
productivity.
Positive outcomes will
be generated by
applying such laws
defined under
discrimination
Duty of care Laws are complied by
company where other
people are safe in
workplace and it is the
responsibility of
employer to take
proper care of health
and safety to everyone
It helps to track and
trace waste in order to
ensure that company is
being transferred,
treated and disposed
correctly.
Leads to generate
positive results in
which employees
work in safe
environment that
sustain brand image.
Dignity of work Through complying It leads to respect and Respecting each other
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laws and legislation
and fair treatment
trust, also by
providing equal
treatment will helps to
make employees
comfortable at
workplace.
work will develop a
sense of honesty and
sincerity towards work
that leads to cause
positive impact.
Work, Health and
Safety
By complying with
Health and safety Act,
2011
No harm to other will
assist workers to
involve within an
organization that helps
to provide complete
safety to individuals
Provides a safe place
of employment and
safe working
environment with
accurate policy
regarding safety
(Larsen and et.al.,
2017).
Mandatory Reporting This is applied when
any person has
experienced the abuse
in an adult
Assists to protect
children from any
abuse within
workplace so that
reputation is not
affected.
If company neglecting
the laws, then they
have to pay penalty or
may shut their
operations as well.
Informed consent By complying with
Data protection act
Assists to protect the
personal and sensitive
data from third party
Helps to generate trust
from customers and
employees
Children in the
workplace
Under 18 age children
are not liable to
perform any work
Complying the same
helps to maintain
goodwill in market
If any children
working then it is a
kind of breach and
company has to pay
for the same.
Complaints
management
Through a process
which is defined
This will helps to
encourage positive
It is all about handling
customer complaints
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differently in each
organization.
environment and stay
comfortable in each
area as well.
in which criticism is
also supposed to be
evaluated that helps to
create positive impact
and after solving
complaints easily by
customers, it generates
right outcome as well.
Universal declaration
of Human rights
It is a document that
act like a global road
map where freedom
and equality is
maintained in order to
protect right of every
individual (Bryson,
2018).
It provides an idea that
helps to create
economic growth and
provides a way
through which
company run
effectually
By complying such
act, individual get
equal opportunity and
develop in freedom.
Practice standards By set up different
standards and policies,
company is able to
implement the
standards
Assists company to
run in effective
manner along with
attracting new
customers towards it.
Creates positive
impact upon business
functions that assists
to improve the
business performance/
Policy Frameworks By referring to the
documents that set out
complete procedure or
goals which can be
used in negotiation
and decision-making
to guide more detailed
regarding policies
Causes positive impact
upon business
performance because
through such policy
frameworks, company
run effectively
Provide valid results
and sustain goodwill
in the market as well.
Continuing Through team It creates positive Leads to generate the
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professional education development where
they share information
impact upon working
culture
best outcomes which
in turn lead their team
towards another level.
Industrial relations
legislation (fair work)
By using the Fair
Work Act that helps to
provide employment
terms and condition to
each employee
It creates positive
impact upon
employee-employer
relationships
This assists company
to generate the
positive results
through fair work.
Record management By implementing
system that helps to
track inventory and
manage the records
accordingly.
It helps to save the
considerable expenses
by reducing operating
cost and improve
efficiency of
employees (Leidner
and Plachouras, 2017).
It causes positive
impact and also make
relevant data
accessible that allow
firm to make decision
faster
Privacy,
confidentiality and
disclosure
To apply the same in
organization, Data
protection act must
complied
Creates positive
impact in which
information will not be
shared to anyone so
that reputation will not
be affected.
It will lead to provide
positive results
because it helps to
maintain trust and
increases goodwill
within market.
Question 5
Right Explanation of right How to meet the client's
right
Safe and high quality
care and services
In this, employer must ensure that they
provide healthy and safer environment
to their customers and employees
By offering high quality
services and maintain
consumer dignity and choice.
Treat with dignity and People should deliver quality care By using the quality standards
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respect service by respecting them in order to
get proper care and service
in which company should
consider proper feedback and
complaints from customer side
(Schroede and et.al., 2018).
Privacy and limited
accessibility
It means all private data should be
secured and accessibility should not be
provided to others (third party)
By complying with Data
protection act that help to
prevent the personal and
sensitive data.
Question 9
Legislation Objectives Main legal requirement impact
upon work role
The aged care Act, 1997 It main objectives is to set out
rules for funding, regulation
and approval of providers to
those who receive care.
It helps to protect the residents
from any accused and if they
find so, then immediately
report to local policy within 24
hours (Birmingham, 2018).
Disability Discrimination Act
1992
To protect people from
discrimination within
workplace, public place,
education due to their
disability.
If not complying with this, an
organization should penalize
along with six months
imprisonment.
National disability Insurance
Scheme (NDIS) Act 2013
The main objective is to
support independence and
social as well as economic
participation of disable people
by providing intervention
support (O'Hare, 2019).
If not complying with such
then it people dot not support
with disable person and
agency or organization have to
pay penalty.
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Question 14
Through declaration of human rights, an organization makes good business sense to
respect human rights and it is mandatory to involve them in lawsuit, otherwise they suffer from
reputation harm, also missing out many business opportunities as well. Through such rights,
government also support workers where they have a right to work to free choice of employment
with favorable condition of work in order to protect against unemployment. That is why, it is
necessary to comply with such law as well.
Question 15
Situation example Category of dilemma
Having many sources who view the situation differently Multiple client system
Worker faces situation which is involved a conflict between
need and behavior of others and their own professional vales
Competing values
A dilemma where individual wanting to cause the least harm to
their family but have to act legal responsibility
Value dilemma
Question 18
 Meeting is one of the common way where all senior management review the policy and
procedure.
 Inform employees up front so that before implementing any new policy, ensure to review
policy.
 Write the policy and circulate the same to board members in order to review the same so
that effective measures can be taken.
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ASSESSMENT 2:
CASE STUDY ONE
Q1.
The legal issue is that Joan accessing the file of other patient and the reason is Joan do not have
right to access the file of other clients who is not under his care.
Q2
Looking into the case of other client is unethical without any prior permission and this is what
done by Joan D'Arc, thus, this seems to be unethical in nature.
Q3.
The legal responsibility is to implement relevant storage security system so that not everyone
has easy access to clients information. On ethical side, it is important to make that person
realizes to not indulge in any such activities of unethical nature.
Q4.
In accordance with policies and procedure, I would work on enhancing the confidentiality of
information of the care consumers so that such things does not happen again.
Q5.
To: [e-mail]
From: [e-mail]
Subject: Reporting breach of policy and procedures
Hello,
As per the above subject, I would like to report about the breach of policy being done by Joan
D'Arc as he was trying to accessing the file of another client Jamie Derays who was not his
client. I would request you to look into this.
Thanks & Regards
Q6.
Job Role Individual Support Worker
7

Name
Date
Feedback/
suggestion
Implementing advanced data protection system in compliance with the
Information Privacy Act 2002 which established the statutory
requirements. My idea and Act will helps in better management of health
care records included within NSW Health Privacy.
CASE STUDY TWO
Q7.
On an ethical terms it is the responsibility of Kate to inform the Paula and Ronan about the help
condition of the Sarah irrespective of the fact whether Sarah wants or not. As they are Sarah
family and in respect to the money that she will be getting by Sarah $5000 is a huge amount
which will help her in overcoming her financial crisis. If she tells them about her health, then
this amount she might not be getting. In addition to this, putting do not resuscitate order and not
having a surgery after which she could live for another 5 to 10 years. Thus, it is the potential
ethical dilemma which could occur to Kate.
Q8.
Kate should first talk to Sarah and made her understand about the importance of informing her
sister and son about her health condition as this is their right and in case anything happens to
her, they will blame Kate for not informing about her deteriorating health. Kate should provide
her view point under this, which is very unfair and wrong for not telling Paula and Ronan about
this. Kate can either ask Sarah to undergo the surgery or she will inform her family about this as
this will result into meeting the personal feelings as well as with the Kate's work role.
Q9.
Identify the competing values presented in the
case study
The value presented in the case is the Hate who
is the support worker of Sarah and is also a
good friend with Paula and Ronan. Thus,
competing values creates like whether Kate
should inform both about Sarah as they are her
family and meet with the Sarah's requirements.
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Possible actions I would have informed Sarah that it is wrong to
not disclose her health issue from her family
and in addition would have informed them
about and her decisions as well.
Apply code of conduct/legislation and
regulations
As professionalism code of conduct, it is the
responsibility of the doctor or the supporter to
inform the close relatives, partners of the
patient about the health condition and cannot
be a beneficiary in patient's will.
Apply policies and procedures As per the code of conduct, which states that
the doctor's and healthcare supporters are
required to comply with the certain duties
pertaining to take care of the patient and
practice with honesty and ethicality. Has the
responsibility to promote and protecting the
health of the individuals and the community.
Who can you talk to for advice on this? I can talk to the doctor and take his view in this
circumstances and in addition, can also consult
the lawyer who will guide Kate in respect to
her work role.
Consequences of possible actions In case I failed to inform the family of Sarah,
then they make take legal action against me
and also ethical, it was my duty to inform the
them which will lead to non-ethical
compliance.
Given the problem-solving process you have
undertaken explain what should you do and
your reasons why.
I would be disclosing the fact to the family of
Sarah even if she did not want it as their family
has the right to know about this. This has
nothing to do with the will.
9

Q10.
a) As per Code of conduct, Kate breached the code of conduct, which states that care worker
cannot be a beneficiary of the client's will and in addition should not take unfair advantage of
any relationship with the client. This where Kate breaches the code of conduct as she is the
beneficiary of the Sarah's will.
b) Kate is required to immediately report the same to the authority so that she can avoid any
legal action against her.
Q11.
Legal Ethical
Potential Breach In the beginning, Kate did not
disclose the relationship with
Sarah and is also beneficiary
of her will which may lead to
legal action against her.
Kate failed to provide
authorised care which is best
in the interest of Sarah as she
agrees with her decision.
Actual Breach The potential breach is actual
as well.
Apart from the improper care,
she tried to manipulate Sarah
on disclosing the truth to her
relatives as they might force
her to take surgery.
ASSESSMENT 3
Q1
Actions you would take Report the assault immediately to the police
and department
Reasons why Aged Care Act 1997 that the care providers
must report any alleged or suspected assault
within 24 hrs.
10

Q2
What are the competing values
and issues present?
The issue present in the scenario is that clients is hurt by her
support worker as she grabs her arms and yells at her and
feels uncomfortable with her and is not sure what to do.
Explain how your biases (beliefs, attitude and values) could impact on this situation.
If I undertake any action against the support worker as she is my friend as well as colleague,
then this may ugly turn as I would be filing formal complaint on her for her inappropriate
behaviour towards her clients. I cannot see anyone in trouble. In opposite case, I do not take any
action, it will be against my values and beliefs and I will feel ashamed.
Q3.
On the ethical grounds, it is my responsibility to meet with the concerns of the clients
irrespective of the fact what the supervisor has told and the most right action under this situation
would be to shift that client under my supervision so that such situations can be avoided in
future and things are handled internally. On legal side, the support worker can be sued for her
deeds which might affect the reputation of the organization. Thus, ethically, above solution
seems right.
Q4.
To: [e-mail]
From: [e-mail]
Subject: Suggestions for effectively handling legal and ethical breaches
Hello,
Based on the above subject, there is a need of implementing actions for ensuring appropriate
action and thus, I have suggestions for it. First, setting up a department for handling breaches of
legal and ethical separately so that things can be focussed accurately. Second, proper data
should be managed pertaining actions is determined to be taken under the various situations
and all needed to be in written. These suggestions will be beneficial for the organization as it
will sort out the work and makes system transparent.
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Thanks & Regards
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REFERENCES
Books and Journals
Birmingham, K., 2018. Pioneering ethics in a longitudinal study (p. 136). Policy Press.
Bryson, J. J., 2018. Patiency is not a virtue: the design of intelligent systems and systems of
ethics. Ethics and Information Technology. 20(1). pp.15-26.
Larsen, H.L. and et.al., 2017. Using Open Data to Detect Organized Crime Threats: Factors
Driving Future Crime. Springer.
Leese, M., Lidén, K. and Nikolova, B., 2019. Putting critique to work: Ethics in EU security
research. Security Dialogue. 50(1). pp.59-76.
Leidner, J. L. and Plachouras, V., 2017, April. Ethical by design: Ethics best practices for natural
language processing. In Proceedings of the First ACL Workshop on Ethics in Natural
Language Processing (pp. 30-40).
O'Hare, T., 2019. Essential skills of social work practice: Assessment, intervention, and
evaluation. Oxford University Press.
Schroeder, D. and et.al., 2018. Ethics dumping: case studies from north-south research
collaborations. Springer Nature.
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