CHC30113 Cert III: CHCLEG001 Legal & Ethical Work in Childcare

This assignment solution for CHCLEG001, a part of the CHC30113 Certificate III in Early Childhood Education and Care, delves into the legal and ethical responsibilities of educators. It addresses key components of the National Quality Framework (NQF) and their influence on educators' practices, defines 'duty of care' with practical examples, and emphasizes understanding workplace policies and procedures. The solution outlines the process for ethical decision-making, identifies relevant sources for ethical guidance, and details legal and ethical obligations in various scenarios, including children with same-sex parents, disabilities, or non-English speaking families. Furthermore, it identifies behavioral indicators of child abuse and strategies for managing child protection issues. This comprehensive assignment provides valuable insights into working legally and ethically in early childhood education and care.

CHC30113 Certificate III in Early Childhood Education and Care
CHCLEG001 Work legally and ethically
Student Name: XXXXXX
Student Number: XXXXXX
/02
Assessment 33489B-02
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33489B/02 Written assessment
Student instructions
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Assessment number Assessment deliverables
33489B/01 Quiz
33489B/02 Written assessment
33489B/03 Project
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Part A – Short answer questions
 Answer the following questions.
 Your responses may be recorded or presented in a written format. Written responses for
each answer should be approximately 100 – 200 words in length. The written responses
may be presented in narrative or bullet point format.
 To answer questions accurately, please use the additional resources and the course
content within OpenSpace. Make sure to refer to applicable legislation including the
National Quality Standard and Education and Care Services National Regulations, along
with the Belonging, Being and Becoming – The Early Years Learning Framework, the
Early Childhood Australia Code of Ethics, policies and procedures common to early
childhood education and care services, position descriptions detailing an educator’s duty
of care responsibilities, and/or other sources such as professional readings along with
the course textbook and identified key resources.
 Ensure you acknowledge and cite your sources accordingly. This is important whether
you use your own words or quote the author’s words. For more information on
referencing and plagiarism, refer to the ‘Academic reference guide’ in the Student
Handbook.
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Short Answer questions and model answers
1. Complete the table below by outlining how the components of the National
Quality Framework (NQF) listed influence educators practice, in an education and
care setting.
Key components of the National Quality
Framework (NQF)
How does each component influence
educators practice in an education and
care setting.
1. Early Years Learning Framework (EYLF) This can help the educator to pick the
children interest things and plan
accordingly which depends on children
interest and recoding observations.
2. National Quality Standards This allows to use the skills and
qualifications to support children’s learning
and development to allows for care and
provides services.
3. The Education and Care Services
National Law Act 2010
Education and care service allows to focus
on the delivery of quality education and
care for the better development of
children. National Law Act 2010 applied to
set the education quality and standard
which should be deliver to children for their
better growth and development.
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2. Please include responses to points A & B
A) In your own words, define ‘duty of care’
Duty of care refers to obligations and legal responsibility that placed on the people to
take care and ensure about the safety and wellbeing of others.
B) Complete the table below by explaining two ways you could exercise your duty of
care in an education and care setting, in relation to the situations described.
Situation Description of ways to exercise duty of care in an
education and care setting
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1. when setting up the indoor
environment
 There is need to take care that child should not
reach any electrical socket and take healthy food.
 Educator should focus on the delivery of better
education and allow to focus on safety and good
health regarding good practices.
2. at snack and meal times  There should be uptake of healthy food rather
than uptake of unhealthy food.
 There is need to deliver on-time diet with quality
and nutritional food.
3. when supervising outdoor
play.
 There is need to take care that any child should
not go far from the secure place or off sight and
should ensure not to get any type of infection.
 Responsible person should focus on safety and
security that any child should not get injured
during outdoor play.
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3. Instructions
For this question, please refer to the resource kit activity in your learner guide in 3.1
Identify situations where work practices could be improved to meet legal and ethical
responsibilities and 3.3 Identify and take opportunities to contribute to the review and
development of policies and protocols.
A. Explain why it is important for educators to understand the policies and
procedures of their workplace
It is important to understand the policies and procedure at workplace. This
understanding can help to delivery better and effective care along with to act, take
action and make decision according to concerned policies and procedures.
Through adopting the collaborative approach it can help educator to understand
the policy that can help to improve and meet the legal and ethical responsibility.
B.
(i) How often should policies and procedures be reviewed?
Policies and procedures should be reviewed on a regular basis which can approx.
in every six months. This can help to get updated with the current time and focus
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on better practices.
(ii)Who is involved in the review of the policies and procedures?
Senior and other higher authority, senior management member are eligible to
review of the policies and procedures. There is also government higher authority
who are having authority to get involved in the review of policy and procedures.
(iii) Why do we consult with others when reviewing the policies and procedures
of the service?
It is important to consult with other staff member and other stakeholders like
families, staff along with management to meet and improve the legal and ethical
responsibilities.
who are having impact due to policy and procedures that is related with full
understanding about the policy and their procedures that play a vital role in
organizational development.
C. Explain the procedure for reviewing policies and procedures.
In your answer consider:
- who should be involved in the policy review
- how you can contribute to the review.
There is discussion of the procedure for reviewing policies and procedures which
includes:
 In this, there is need to gather information from other staff member.
 Need for feedback from families to director at service.
 Provide feedback on own experience
 Take initiative regarding task efficiency.
 Making suggestion to rectify unprofessional practices.
 Participating in team meeting.
 Updating legislation and recommended care practices.
 There is need to notify to everyone who are involved in the policy review
like management and staff members.
 To get ensure that everyone who is involved are able to understand the
procedures and Act, regulation and requirement.
 There is need to develop and plan for writing policy and procedures.
 Documentation of the policy document which can help to review schedule
and needed updating.
 Needs to invite stakeholders to evaluate and put their views for more
development of policy and procedures.
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A.
B.
C.
Trainers Name, Date
4. (i) Explain the process you would follow to make an ethical decision.
 Identify the problem.
 Checking all facts.
 Identifying internal and external factors
 Developing list of opinions.
 Making decision according to above list process
(ii) Identify and cite 2 sources relevant to your work role that would guide you in
making responsible ethical decisions in your work role.
 Ethics for early child educator 1990.
 Early Childhood Australia’s National Council meeting in September 2006
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5. Complete the following table by outlining your legal and ethical responsibilities and
obligations for each of the situations presented.
The first situation, a child with mild Asperger’s has been done as an example:
- a child with same sex parents
- a child with a severe disability
- a child whose family does not speak English at home.
  Legal
Obligations
 Ethical responsibilities. Include a
minimum of two ethical responsibilities.
 Example:
 A child with
Asperger’s
 Disab
ility
Discriminatio
n Act 1992
 Regardless of disability, everyone should
be treated equally
 Changes or adjustments may need to be
made to the routine, curriculum and/or
environment
 A conscious effort must be undertaken
to accommodate a child’s individual
disability.
 Communicate regularly with the family.
 A child with same
sex parents
Family Law
Council
(Australia),
Australia.
Attorney-
General's
Dept 2014.
Ball
C,Oxford
University
Press, 2014
 To ensure the children are not get
effected or disadvantage by the
nature of same sex parent’s nature.
 Children have to be educated with
the updated knowledge and they
have to be protected from the social
disadvantage of the same sex
parents.
 Children should be educated about
the humanity and protected from the
discrimination.
 A child with a severe
disability
 Disab
ility
Standards for
Education
2005
 Give same opportunities of the
education to the disable students.
 Each and every type of the education
organization are obligated with this law.
 Disable children should not be
discriminated or harnessed at any
condition.
 A child whose family
does not speak English
Australia
Act 1986  Child with the family who do not
speak English, should be equality
treated.
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 Family should not be discriminated
in comparison to other family.
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6. Describe four (4) behavioural indicators you might observe, as an educator that could
indicate that a child is being abused or maltreated.
1. Child with the abusive experience shows the introvert behavior and try to escape from
the group activities.
2. The child emotions indicate that they have been abused, such as fear of speaking with
everyone.
3. Physical indicators of the child should be observing to analyses the abuse, such as
injuries, burns or unusual lacerations.
4. If the child start behaving stressed, frustrated and aggressive, with lake of self-esteem
then this can be considering as the indicators of abuse.
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7. What four (4) strategies would you use to manage a child protection issue such as
suspected abuse of a child?
1. In order to manage the child protection and prevent the abuse, one of the most
important strategy is analysis the abusive behavior of the peoples surrounding the
children. Such as in school’s teachers have to be selected after the analysis of their
behavior about children.
2. Managing the children safety standards and regulation throughout the institution
and class. With the implementation of legal polices and punishments rules in
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relation to abusive activities.
3. supporting the child protection and abuse prevention program, which can be used to
educate children about their own protection.
4. Child education about the equity and humanity so that, this education work as the pre
prevention measures. To prevent the children, abuse by their own classmates and to
prevent their future abusive behavior.
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8. When dealing with a possible child abuse situation, why is confidentiality important
for the child and the child’s family?
According to the Privacy Act, 1988 each and every one information should be kept
confidential. In context to the situation of the abuse confidentiality is important because
this helps to protect the child from the publication in news and legal matters. It helps to
protect the family and child respect. It helps the child and family safe from other
associated problems of abuse. Lack of the confidentiality can put the child at highest risk
so that is important to proceed with the legal child protection activities confidentially.
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9. Describe three (3) ways that you can uphold the rights of a child in your care, in
keeping with the United Nations Convention on the Rights of the Child.
1. provision is the primary way through which children rights is can be uphold, through
which children supporting resources like money, self-esteem, and nature, mental and
physical space, power, opportunities, knowledge, love, friendship, is can be distributed
equally by policy making.
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2. protection is another way to uphold children right which involves the parenting and
"regression". This should involve the children care with the selected groups of the peoples
at out of home settings, such as in the schools and in child care center.
3. participation is another way for upholding children rights. As that is the right of children
to be heard, which can be met by the process of participation. As they have to encourage
for expressing themselves, rise their voice and have liberty to perform in educational
activities.
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Part B - Case studies
Student instructions
 Consider the following situations and explain what you would do and why. (100-200
words)
 To help you explain what you would do and why, you may refer to applicable legislation
including the National Quality Standard and Education and Care Services National
Regulations, along with the Belonging, Being and Becoming – The Early Years Learning
Framework, the Early Childhood Australia Code of Ethics, policies and procedures
common to early childhood education and care services, position descriptions detailing
an educator’s duty of care responsibilities, and/or other sources such as professional
readings along with the course textbook and identified key resources.
 Ensure you acknowledge and cite your sources accordingly. This is important whether
you use your own words or quote the author’s words. For more information on
referencing and plagiarism, refer to the ‘Academic reference guide’ in the Student
Handbook.
Case Study 1
1. Imagine that you are an educator in a family day care setting supervising the three
children in the photograph.
Describe, in the table, what you would do to meet your legal and ethical
obligations to these children playing in the water trough in the back yard and who
you would report these to.
Legal Obligations Ethical Obligations Who to report to
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National Quality Standard
and Education and Care
Services National
Regulations
Manage the children
effective education, care,
activity support and risk
assessment. As at the child
care center that is very
important to protect the
children for the risk of harm
through play activity
equipment. I have to
protect the children from
the harmful situation like
preventing them from fall
down. I have to let them
play according to the pre-
planned timing and monitor
them for any support is
they want. After the
completion of activity, I
have to make them change
their dress by reporting it to
their personal dress
changing staff.
Then each pay activity
should be managed
according to their care and
education plan. And at the
end of each activity as
supervise that is
responsibility to coordinate
with children intimate care
staff and then bring them to
the next play or education
activity by reporting to the
manager and subordinates.
Case Study 2
A mother asks you that her children not be released into the care of their father. You review
the information provided upon enrolment and see that a formal parenting plan has been
provided to the service which list both parents as eligible carers.
A. Where would this confidential information be stored?
This confidential information should be stored either in locked cabinet or should
store in the computer with files which should be password protected and not have
the access to everyone instead of some specific authorized person.
B. How would you respond to this situation?
In this situation, there is first need to get the report about eligibility of father
careers. When father is eligible to take care of his children then there is need to talk
about this with child mother. There is also need to identify the reason for this
action. This can help to focus on the cause due to which mother think that child
father is should not allowed as a careers.
Case Study 3
A father makes a complaint to you that his 4 ½ year old, Jacob, is not learning enough at the
service. He is frustrated that the educators let him get dirty during the day when they could be
ensuring he is ready for school. What would you do and why?
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First of all, in this situation there is need to get ensure that child father is right from his
side. After getting ensure, there is need to talk with educator about this behavior. This can
help to identify the reason being this and to take action accordingly. There can be chance
of replace the educator which should focus on the better education and other behavior and
not getting dirty and should ready for school. There is also need to provide some training
session to educator that can help to learn to manage and provide better care and
development of children.
Case Study 4
You have a disagreement with a co-worker where you work. The problem has been left
unresolved, and is now impacting your interactions and daily communication with each
other leading to further misunderstandings and frustration. What would you do and
why?
In this situation, there is need to act according to situation which can have better impact
and should not impact interactions. In this situation, there is need to use the problem
solving techniques which includes defining problem, thinking of possible solutions,
considering benefits and loss of every possible solution, choosing best solution, then
planning for its. Then after need to act and evaluate the applied plan.
Case Study 5
You are friends with a co-worker on a social networking site. Over the past few weeks you
have noticed posts on her page about other staff where you work. These posts are
derogatory and inappropriate.
A. How would you respond to the actions of your co-worker? What would be
the appropriate action to take?
There is need to talk with my friend who is posting about co-worker. Then there is
also need to make him understand about the right thing. There is also need to
inform about the unappropriated comments which is not legal or ethical.
I will immediately communicate with my friend and ask them to delete their post
through providing it consequences and the right way to share their view with proper
and appropriate use of language.
B. What could you do to educate staff about appropriate social media behaviour?
What 2 simple actions you would take to inform your team about appropriate
social media behaviours?
1. There is need to provide education about the social media behavior that is
regarding ethical concern about using and presenting own view about others.
2. There is need to educate about the ethical concern about the use of social
media and its behaviors.
Case Study 6
An email has been sent out by the service manager asking everyone to come in early on
Monday’s for the next 4 weeks to take part in training as part of your continuing
professional education. Later that day you are speaking to a co-worker who is not normally
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rostered on Mondays yet she has been instructed that she must attend. As Mondays are the
only day that you can’t organise someone to take your child to school you have already
discussed this with the service manager and she has agreed you can catch up with this
training later in the week.
This is an ethical dilemma for you. What would you tell your co-worker and why?
This is the ethical dilemma which includes that it is important to take child to school every
day and do not able to organize someone to take child to school only Monday but it is also
important to attend training session which is also important. This make the ethical dilemma
where there is need to tell the co-worker to take child to school little bit early that can help
to save some time which can help to attend the training sessions. In this, there is need to
first identify the ethical dilemma, then there is need to look the situation form all aspects,
then there is need to implement the plan that can be more appropriate for the resolving the
ethical dilemma situation.
Case Study 7
A 3 ½ year old boy, Ghani, who attends the service has an arm with a birth defect. His
mother has asked that he doesn’t join in any games where catching is involved, as she
doesn’t want him to fail and feel hurt or discouraged.
You will need to discuss the dignity of risk with the mother. Describe what you would say
to assist Ghani’s mother to understand the service’s practice here.
In your response, ensure you explain why Dignity of Risk is the educational practice we
follow and how this will benefit her son.
There is need to educate Ghani’s mother which is regarding dignity of risk where Ghani is
able to take his own decision that is regarding catching practice which can leads to create
the health risk for Ghani. There is need to explain this to get ensure that there should not be
any type of harm which can impact to bad situation for Ghani. This can provide benefit by
getting understand about his health risk which can harm him. This allow not to take any
type of risk which can impact his arm and allows to take good practice which is rather than
getting his arm at risk.
Case Study 8
A father tells you that his newly enrolled 2-year-old daughter, Alyssa, is a ‘biter’ and gives
you permission to smack her if she bites a child. What would you do and why?
There is no need to smack Alyssa, instead of this, there is need to make her understand that
this is not the right way. There is also need to talk with Alyssa politely which can help to
reduce the risk of biting to other. It is also needed to educate her father about smacking
consequences on child mental health. In this, there is need to educate father to keep calm
and should focus on the delivery of better and effective way to talk to child and try to make
her understand rather than smacking. Smacking can impact on Alyssa mind which can have
negative impact on her development which is not good way to deal with such type of
behavior to deal with children who bite.
Case Study 9
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You are assisting a 3-year-old boy, Barry, with toileting when you notice bruising on his
thighs. When asked what happened, Barry looks at the ground. On taking a closer look, you
see that bruising also appears on his back and upper torso. The bruises are of different colour,
some are yellow and brown, where others are more red and purple. It seems they are similar
in shape and size. What would you do and why?
There is need to first ensure about the reason of bruises on the body of Barry. To this, there
is need for the physical examination and should also ask Barry about it with taking this
measure should not hurt Barry. After ensure about the reason is of physical violence. It is
also requiring to take action after talking with Barry parents. There is need to take formal
action which should be ethical and should not impact Barry mental or physical health.
There is also need to ensure about the right cause and the way to minimize and finish such
type of activity in future for the Barry’s well-being.
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Part B Feedback
Case Study 1
Case Study 2
Case Study 3
Case Study 4
Case Study 5
Case Study 6
Case Study 7
Case Study 8
Case Study 9
Trainers Name, Date
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Assessment Feedback
Trainer & Assessor
Date Result
Assessor Comments
and Marking
Withheld or
Incomplete
comments ONLY
section:
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