In-depth Analysis: Questions on Healthcare Legislation and Ethics

This assignment provides answers to a series of questions related to healthcare legislation and ethics, covering topics such as legislations regarding children and vulnerable people, mandatory reporting, codes of ethics and conduct, standards and guidelines applied to mental health, legislation for older people and non-professional carers, nurses code of professional conduct, anti-discrimination laws, equal employment opportunity, negligence, duty of care, vicarious liability, Australian Charter of healthcare rights, informed consent, professional indemnity insurance, ethical decision making models, and the principles of autonomy, beneficence, non-maleficence, confidentiality, justice, rights, and veracity. It further discusses the difference between privacy and confidentiality, advanced directives, power of attorney, and civil and criminal offenses, providing a comprehensive overview of the legal and ethical considerations in healthcare.

Running head: QUESTIONS
Student name
Student No.
Unit

QUESTIONS
Qn1.
a. Legislations regarding children and young people
According to Victoria State government (2018) these legislations regarding children
and young people include:-
 Commission for children and young people Act 2012,
 Child Wellbeing and Safety Act 2005, Children,
 Youth and Families Act 2005
b. Legislations regarding who can work with children and vulnerable people
 Working with vulnerable people (Background Checking) Act 2011
 Working with children regulations 2006
 Working with children Act 2005
 Registration to Work with Vulnerable People Act 2013
c. Mandatory reporting
This is a legislative requirement for a certain group of individuals to report to the
government and other relevant authorities any cases of child abuse and neglect
(Child Story Reporter, 2018).
Mandatory reporters are people who offer the following services to children as
their professional or paid work
 Health care- they may include registered health providers, specialist, nurses,
psychologists, dentists, therapists ad midwives
 Welfare and may include social workers, youth workers and case workers
 Education- teacher
 Residential services
 Law enforcement- the police

QUESTIONS
 Children services- child care workers
A mandated reporter should report any, after having a reasonable cause to suspect any child
abuse. They should not ask questions or try to determine whether the abuse occurred.
Mandated reporters should report cases of death, sexual abuse, neglect, physical injury,
endangered health, unlawful corporal injury or punishment and willful injury and harm
(Mathews et al, 2016).
d. Legislation that describes these requirements in Victoria
Child Protection (Offender Reporting) Bill 2017
e.
Qn2.
B. difference between
Code of ethics- it is like a constitution with principles to guide behaviors in a given group,
and these principles affect how the people make their decisions (Nieweler, 2014).
Code of conduct- these are set rules that give the religious and social norms and
responsibilities of a given group.
Qn3.
A. Codes of practice for nursing care of patients with mental illness
 Every decision made concerning care and treatment should be on the best
interest of the patient
 Nurses should adopt a person centred approach to care and treatment.
 Any intervention should be least restrictive to the patient’s freedom and
should protect the patient’s needs and safety, and that of others

QUESTIONS
B. Victorian or commonwealth legislation standards and guidelines applied to mental
health
 Mental Health Act 2014- people with mental health illness are in a position to
make decisions concerning their care and treatment
 This Act strongly safeguards and oversees to protect the autonomy, rights and
dignity individuals with mental illness
 Mental health Legislation and Human rights- contains the UN principles
protect people with mental illness and how to improve their care
 National standards for mental health services 2010- describes the levels of
care that should be delivered in accordance to the Key Performance Indicators
for Australian Public Mental Health Services (2005). These standards are
 effectiveness,
 appropriateness,
 efficiency,
 accessibility.
 continuity,
 responsiveness,
 capability,
 safety and
 sustainability (The Australian Government, 2010)
C. Commonwealth legislation for the older people
 Old age pension Act
 National Health Act 1953
 Aged and Disabled Persons Care Act 1954
 Aged care Act 1997

QUESTIONS
D. Victorian legislation regarding non-professional carers
 Carers recognition Act 2012
4. Hours required for CPE
 10 hours per year
5. A. Nurses code of professional conduct
According to Zahedi, et al. (2013), the code of conduct set out standards and empowers
nurses to make ethical decisions during their practice. The code requires that individual’s
dignity is respected regardless of the nationality, religion, ethnicity, gender, culture and
socio-economic class of the patient. The nurses are obliged to observe, recognize and respect
cultural sensitivity.
B. federal and state law protecting people in Victoria from discrimination
 Equal Opportunity Act 2010
 Charter of Human Rights and Responsibilities Act 2006
C. other commonwealth anti-discrimination laws
 Australian Human Rights Commission Act 1986
 Age Discrimination Act 2004
 Disability Discrimination Act 1992
 Racial Discrimination Act 1975
 Sex Discrimination Act 1984 (Victorian Equal Opportunity & Human Rights
Commission, 2018).
6. Aim of equal employment opportunity principle

QUESTIONS
This principle is fashioned at ensuring a secure and decent minimum wages for Australians. It
also aim at improving the job security and welfare safety considering what the hardship most
workers go through such as the cold weather.
Q7. Definition of
 Negligence- it is the act of failing to take reasonable care and lead to causing injury or
loss of life. A nurse can neglect her duties in taking care of a patient which might
even lead to death of the patient.
 Duty of care- it is a legal obligation that one takes to avoid omissions or acts that
could cause injury or harm people. Doctors and nurses have a duty of care to their
patients.
 Vicarious liability- this is a situation whereby an individual is held liable not for his
own negligence, but for the negligence of a second party. An employer could be held
responsible for the omissions and mistakes done by his employees.
Qn8. Australian Charter of health care rights about access to health care
The charter recognizes that the people giving and receiving the health care, both have an
important part to play in maintaining health care rights. It provides that all stakeholders
should understand the rights of those receiving the care, thus they can all work towards
providing a safe and high quality health care system.
Qn9. Principle of informed consent
 This principle states that patients are autonomous and independent agents and without
any form of coercion they can make any decision concerning their health. Types of
consent include:
a) Informed consent- it is given by a person who is legally competent to consent
(Chambliss & Russell, 2010).

QUESTIONS
b) Implied consent- it is not expressly granted but inferred from one’s actions
c) Expressed consent- it is consent given orally, written or non-verbally
d) Unanimous consent- it is a consent given by all parties
B. Validity of consent
 Should be voluntary and informed
 One should be in a position to make decisions to consent
10. Professional indemnity insurance- this is an insurance that covers any legal expenses,
costs or damages that are incurred during one’s defense.
11. Requirements for insurance for registered nurses
.
12. Framework that an enrolled nurse should apply in their practice
The framework has two different categories
Civil liability cover- it is an insurance that protects professional and service
providing individuals from bearing full costs in defence against negligence
Appropriate retroactive cover- it is an insurance covering for medical damages
that occurred in the past
Automatic reinstatement- it is a policy insurance that provides that for reinstating
of original policy limit, the insurer must have cleared the covered loss.

QUESTIONS
 Principles which are key to development and analysis of tools used for decision
making
 Two decision making templates- one for registered and enrolled nurse and another for
midwifery.
13.
a) It was unethical because the doctor did not maintain the security and confidentiality of
the patient’s record.
b) The patient privacy Act was bleached
c) This policy forbids disclosure of patient’s records without their consent
It covers only the documents processed by the federal agencies
14. Nursing and Midwifery Board of Australia, in 2010
15. Role of NMBA
This board acts to regulate nursing and midwifery in Australia as well as protect the public.
They provide a set of rules and information on regulatory and profession policy and advice
for nurses and midwives (Nursing and Midwifery Board of Australia, 2018).
16.
The participative ethical decision making model- according to Calabro & Tukoski (2003),
this is a model that systematically assesses and resolves ethical dilemmas.
17. Definition of

QUESTIONS
 Autonomy- it is the freedom one has to make decisions and act in accordance to their
profession’s code of conduct. A nurse must understand the concept of autonomy so as
to develop and clarify their profession in a dynamic environment.
 Beneficence- it is an ethical principle whereby a nurse’s actions should be accompanied
by mercy, kindness and charity and doing good to others.
 Non-maleficence- it is an ethical principle whereby a nurse should not inflict even the
least possible harm to attain any benefit.
 Confidentiality- this is a duty by clinicians to keep private any patient’s information
unless the patient gives consent to release the information. when a nurse shares patient’s
information without their consent, it is a bleach of the nurses code of ethics
 Justice- this is giving every person what they deserve. Nurses should be fair and show
equality in their practice.
 Rights- it is what is justified as legal and moral to others in form of action or recipience.
The patients have a right to be taken good care of in and outside the hospital.
 Veracity- it is a principle of telling the truth and being trustworthy, it has firm grounds
on respect and autonomy. Nurses should tell the truth concerning patient’s conditions.
18. Definition of
 Ethics- it is a set of principles, value and beliefs that help in making decisions
 Boi ethics- this are human values that explain how right or wrong a certain activity or
action is in a given profession and the responsibility of the society to the well-being of
its members.
 Nursing ethics- these are principles and values that govern the conduct, relationship
and practice of nurses
19. Theoretical concepts that inform ethical conduct

QUESTIONS
 Egalitarian theories
 Contractualist theories
20.
A. Difference between privacy and confidentiality
 Privacy- this is the right of a patient or any other person to keep their information
private
 Confidentiality- is the duty of any stakeholder in a health care facility to keep a
patient’s information private
B. Legislation on patients’ privacy
 The Health Insurance Portability and Accountability Act of 1996. To ensure privacy,
patient’s information should be stored in the following ways
 Implementing IT security policies
 Confidential information should be stored in security systems
 Give the patients easy access to their information (Wagg, 2017).
21.
a. Advanced directive- it is a legal document where a person has specified what should be
done to him in case he is unable to make decisions because of illness.
b. Power of attorney- this is a legal document whereby one designates a person to be their
agent in case the person is unable to make a decision on their health care.
c. Since the power of attorney is not there, the nurse can now make the decision for Mrs.
James.
Qn22. Difference between civil and criminal offence

QUESTIONS
 Civil offence- these are offenses due to violation of administrative matters; offenses
against the state or the society
 Criminal offence- an offense as a result of violating federal or state laws that forbid
certain behaviors and conducts. It punishment is set according to severity of the
crime.
B. Legislation describing criminal acts
 Criminal Act 1914
 Criminal Code Act 1995
C. Criminal acts a nurse can perform
 Felony
 Misdemeanor
d. Tort- it is a civil wrong
E. Creation and development of civil law in Australia
Australia is a parliamentary democracy with power being distributed between the national
government and the 6 states. The boundaries in law making is defined by the constitution.
The constitution divides powers between the federal commonwealth government and the
states and territories.
f. Precedent- it is a case that establishes a rule and the court uses it to decide other cases
on the similar issue.
g. Structure of Australian court system

QUESTIONS
 Superior courts- they are the highest in the hierarchy of courts and have no
limited jurisdiction in hearing of cases. Include the supreme court and the high
court
 Inferior courts- their power is limited by the parliament and their decision can be
appealed in the Supreme Court.
 Federal court- listens to cases in relation to bankruptcy, industrial relation,
customs, trade practices and immigrations.
 Family court- it is a superior court with limited jurisdiction and precedes over
family law matters
 State and territory courts- these are the hierarchy of courts found in each atate
and territory.
23.
A. National Safety and Quality Healthy Standards (NSQHS)
- The core aim of these standards are to safeguard the people from any harm and enhance
public health services. They apply to the general public and patients and should be met by
health care provides.
B.
Work, Health and Safety Act 2011
C. Law that governs the safe storage and administration of medications and poison in
Victoria
 Drugs, Poisons and Controlled Substance Act 1981
24.
A. Nurse competence and professional practice guidelines

QUESTIONS
They are found in the nurse’s code of ethics
B. Professional boundaries- these are limits that protect and mark borders between
professionals and their clients. Lending and giving money to a patient would be bleaching
clinician-patient boundaries.
Qn25.
A. Where to find requirements for registration of a nurse
From the Constitution and Ministry of Health
B. Recency of practice- shows that a nurse or a midwife has gained experience on their
professional field since obtaining registration
C. Requirements to re-enter a profession after a long absence
According to the Nursing and Midwifery Board of Australia (2018), a nurse re-
entering the profession after a long absence would be individually accessed to see if
the practice program has to be completed. The information can be accessed from the
Nursing and Midwifery Board of Australia
Qn26. Decision making framework- these are set principles and guidelines to help in decision
making
B. Clinical decision making
Thinking
References
Cues Judgments Decision Evaluation

QUESTIONS
Victoria state government. (2018). Obligation to Protect Children. Retrieved from:
https://www.education.vic.gov.au/childhood/providers/regulation/Pages/
protectionprotocol.aspx
Mathews, B. P., Lee, X. J and Norman, R. E. (2016). Impact of a new mandatory reporting
law on reporting and identification of child sexual abuse: A seven year time trend
analysis. Child Abuse & Neglect, 56, pp. 62-79. Doi: 0.1016/j.chiabu.2016.04.009
Nieweler, A. (2014). The difference between a code of ethics and conduct. Retrieved from:
https://www.whistleblowersecurity.com/code-of-ethics-and-code-of-conduct-whats-
the-difference/
The Australian Government. (2010). National Standards for Mental Health Services. ISBN:
978-1-74241-298-6
Zahedi, F., Sanjari, M., Aala, M., Peymani, M., Aramesh, K., Parsapour, A., Dastgerdi, M. V.
(2013). The Code of Ethics for Nurses. Iranian Journal of Public Health, 42(Supple1),
1–8.
Victorian Equal Opportunity and Human Rights Commission (2018). Federal human rights
and discrimination laws. Retrieved from:
https://www.humanrightscommission.vic.gov.au/home/the-law/federal-law
Chambliss, D. F. and Russell K. S. (2010). Making Sense of the Social World: Methods of
Investigation (3rded.). Thousand Oaks, CA: Pine Forge Press.
Nursing and Midwifery Board of Australia. (2018). Position statement on the role of nurses
and midwives in a national emergency. Retrieved from:
https://www.nursingmidwiferyboard.gov.au/codes-guidelines-statements/position-
statements/role-of-nurses.aspx

QUESTIONS
Calabro, M. D and Tuloski, B. (2003). Participative ethical decision making: A model for
primary care. The Prime Journal, Vol. 11, No. 6, pp. 83-88.
Wagg, J. (2017). Ways to Protect Patient Privacy and Achieve HIPAA Compliance.
Retrieved from: https://blog.teamviewer.com/5-ways-to-protect-patient-privacy/