CHCCCS009: Legal and Ethical Considerations in Healthcare Services

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Homework Assignment
AI Summary
This assignment addresses various aspects of legal and ethical responsibilities within a healthcare context, focusing on the unit CHCCCS009. It covers topics such as duty of care, informed consent, mandatory reporting, and the management of critical incidents. The assignment explores how to meet legal and ethical obligations by anticipating risks, sharing feedback, and protecting client information. It also examines relevant legislation like the Fair Work Act and the Disability Discrimination Act. Furthermore, it delves into managing conflict, responding to challenging behaviors, and ensuring effective record management. The assignment emphasizes the importance of cultural competence, dignity of risk, and the ethical considerations when working with vulnerable individuals, including children, and individuals with mental health challenges. The solution provides detailed answers to each question, offering insights into practical application of ethical principles and legal requirements in a healthcare setting.
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Assessment
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QUESTION 1
Points to be achieved: 1.00
You must be aware of and act on a number of different policies, procedures and
legislation related to the care of your clients.
Describe the three (3) ways you can ensure you are meeting your legal and ethical duty
of care responsibilities. (30-40 words)
Answer: 1) Anticipation of risk and taking the corrective actions to minimise the
same.
2) Sharing of feedbacks and suggestions pro actively.
3) Providing the security to the information of clients so that the trust can get maintain.
QUESTION 2
Points to be achieved: 1.00
A person’s rights must be maintained in accordance with state and territory legislation
as well as organisational standards.
What international legislation has the Australian government adopted to guide
individuals in ensuring rights and equality for those they work with?
Answer: The Fair Work Act. The Fair Work Act is enhanced by other government, state
and region laws identifying with explicit zones, including:
work;
wellbeing and security;
superannuation;
long-administration leave;
work environment reconnaissance; and
hostile to segregation.
Some state enactment likewise oversees state public area workers.
Mechanical instruments made under the Fair Work Act incorporate current honors and
aggregate arrangements (all the more generally known as big business arrangements). An
advanced honor is a semi authoritative instrument made by the Fair Work Commission
(FWC). Current honors set least terms and states of work for representatives specifically
businesses and occupations. Undertaking arrangements are aggregate arrangements went into
among businesses and their representatives that can be haggled to address the issues of
specific ventures (Adler, Adler and Grant-Kels, 2017). These arrangements must be assessed
by the FWC and might be affirmed if the representatives are lucky to be over all than if the
relevant present day grant applied. There is no prerequisite to enter a venture arrangement,
nonetheless, the Fair Work Act gives critical extension to associations to urge a business to
can hope for an understanding.
QUESTION 3
Points to be achieved: 1.00
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There are methods of containment that are not acceptable unless permission is obtained
by the client.
Describe the difference between constraint, imprisonment and abuse and outline the
legal/ethical considerations for each. (70-80 words)
Answer: Constraints refers to the limitations one may indulge when it comes into a contract.
These constraints limit the activities of people.
Imprisonment: It is the punishment which is given by the government to the guilty when he
commits some wrong. In this the person is put into the jail for the commencement of crime.
Abuse: Abuse is said when one party gets the benefit on the counterpart of loss of another
party.
QUESTION 4
Points to be achieved: 1.00
Some people experiencing particular health conditions may behave in ways that are
concerning.
Describe the following: (max. 30 words).
1. A behaviour of concern: It is said to be the things which when performed may hurt
to themselves or any other person.
2. Why the person may be behaving this way: The person must behave in a particular
way to protect himself from not getting hurt.
3. An appropriate way to respond to the individual : The appropriate way is to
behave in a specific or prescribe behaviour which is healthy for him (Bush, Connell and
Denney, 2020).
QUESTION 5
Points to be achieved: 1.00
Being able to effectively manage communication when conflict arises can be a
challenge but a necessary skill to develop.
Describe five (5) principles of communication when managing conflict (70-80 words)
You may want to refer to the following link to help answer the question -
https://www.relationshipsvictoria.com.au/resources/tip-sheets/relationships/managing-
conflict-in-the-workplace/
Answer: Listening: It is said to be the most effective method. The manager must listen to
both the parties who are indulge into conflict so that he can understand the situation very
best.
Fair process: The manager must ensure the fair process for solving the conflict; this will
encourage the equality among employees.
Attack on problem: The manager should point out the major problem which has given birth to
conflict.
Direct communication: The communication must perform directly to the involved parties to
avoid more confusion and misunderstanding (Elzamzamy and Keshavarzi, 2019).
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Fair opinions: The opinions which are provided by manager should provide the mutual gain
to all the involved parties.
QUESTION 6
Points to be achieved: 1.00
Responding to inappropriate or challenging behaviour in the most effective way will
serve to decrease the offending behaviour while keeping everyone safe.
Name at least five (5) responses that can be adapted and applied to an individual
presenting with aggression, violence and suicide. (Max. 50 words)
Answer: 1) The manager must talk politely to that aggressive person so that chaos can get create.
2) The manager must listen patiently to what that other person got to say.
3) Make him understand about his fault through giving the appropriate examples.
4) The manager should tell the person to calm down (Campbell and Arkles, 2017)
5) Fair advice must to given to him so that his anger can get in control.
QUESTION 7
Points to be achieved: 1.00
Should you be witness to or involved directly in an incident or accident, you will be
required to report this as required.
Outline five (5) common reporting procedures. (30-50 words)
Answer: 1) Directly file a complaint about the incident happened to Police or higher
authority.
2) An individual can also take the help of NGO’s for support
3) The person can also hire lawyer
4) Complaint to the concern authority in organisation (Sussman and DeJong, 2018)
5) Fill up the CRS form online
QUESTION 8
Points to be achieved: 1.00
Any client with a disability or special need will be protected under specific legislation.
Identify the national act that protects those with disability (5 words).
Answer: Disability Discrimination Act !992
QUESTION 9
Points to be achieved: 1.00
Becoming aware of the scope of service and what your organisation can and cannot
provide will allow you to be able to refer a client effectively.
Identify three (3) specialist services you may refer a client if a client presents with
mental health issues. (Max. 20 words)
This question relates to unit code CHCCCS009.
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QUESTION 10
Points to be achieved: 1.00
Responding appropriately to a critical incident will be a part of your role and you must
be aware of the procedures relevant to your service.
List two (2) common procedures when responding to a critical incident in your
workplace. (Approx. 10 words)
Answer: 1) Direct complaint to the authorised department
2) file an online complain at employee portal
QUESTION 11
Points to be achieved: 1.00
Being culturally competent will allow you to identify cultural needs and practices in
order to encourage inclusivity and allow people to feel supported.
What are three (3) different cultural customs or practises and describe how these can
impact on an individual’s behaviour (approx.100 words).
Answer: Language: Language is the major cultural practices which an individual
carries. Different language can create misunderstandings and misleads to other person
which can put impact upon the person’s behaviour.
Festivals: The festivals and events which all the people who belongs to different
culture may hurt the feelings or cultural practice of another individual. This festivals
and events differentiation may cause the impact on behaviour.
Actions and attitude: People belongs to different culture or region may have the
different way or attitude towards the things. The thinking and the perspective towards
the situations can be different in two people. This difference may create indifferent
behaviour among individual which can be harmful for any organisation.
QUESTION 12
Points to be achieved: 1.00
A number of legal and ethical considerations and obligations exist within your service
that applies to working with clients experiencing mental health challenges.
What three (3) legal and ethical responsibilities might need to be considered when
there are children present in the workplace? (30 – 40 words)
Answer: 1) Children’s health and safety
2) Staffing arrangements should be good for children
3) Respect for diversity: All the children should treat equally irrespective to the background
they belong.
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QUESTION 13
Points to be achieved: 1.00
Each organisation will be guided by its own policies and procedures to help advise
workers.
Briefly describe industry code of practice and how this guides organisations legally
and ethically. (50-70 words)
Answer: The industry code of practice is the legal practices through which the organisation
working in that industry is obligatory to perform. These laws binds the organisation practices
which stops them to take more benefit or take incorrect actions for earning profit. All the
organisation has to follow these legal laws if they want to work in industry otherwise actions can
be taken against them.
QUESTION 14
Points to be achieved: 1.00
Changes to mental health considerations reflect attitudes and prejudices towards those
who experience mental health conditions.
Briefly outline the legal and ethical stance in regard to discrimination based on an
individual’s mental health. (40-50 words)
Answer: If any individual finds in practising the discrimination towards a person who
is mentally disability he has to go through some fine or punishment for exercising the
discrimination. The law to very strict towards any discriminatory act performed by any
individual.
QUESTION 15
Points to be achieved: 1.00
You must ensure that you are fulfilling your requirements to meet all legal and ethical
obligations for your service.
Briefly describe the legal and ethical applications of the following requirements of
your role (200-250 words).
1. Informed consent: The role in informed consent is to follow up all the prescribed
and defined behaviour and activities which are stated in the agreement or contract.
Through following up the informed consent an individual can get save from being get
hurt. It is mandatory to follow up all these consent which is defined otherwise legal
actions can be taken against the party or person who has breach that informed consent.
2. Mandatory reporting: Mandatory reporters are the people who often contacts
with the vulnerable people to check upon their mental, emotional and physical health.
They make a legal report about that person so that they can have a legal record about
their health. This record would be necessary in gaining the taking the corrective
decisions and actions. Through such reports the vulnerable person can get save from
being more vulnerable.
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3. Privacy, confidentiality, disclosure and duty of care: The exiting legal and
ethical law suggests that the data and information of people under health care should be
privately safe and their confidentiality should be respected and maintained. Only the
authorised people should have the excess to this sensitive information. These data or
information can be used against that unhealthy person that can worsen this health.
QUESTION 16
Points to be achieved: 1.00
Being able to assess risk while allowing individuals to make their own choices can be a
challenge.
Describe the considerations that exist for considering dignity of risk. How does this
reflect human rights obligations? (100-110 words).
Answer: While asses to all the associated risk and then form the actions, an individual
must take all the responsibility upon his shoulders only because he is aware about all
the risk associated. An individual’s actions are in his own hands when forms the
results. Any result of that action is the mere responsibility of that human as he was very
much aware about the associated risks.
This dignity of risk curbs the actions of human freedom and restricts them to
work in a defined area. As a human everybody has the fundamental right to exercise
freedom and actions according to his wish and learn from those trail and errors
methods. But these dignity of risk curbs their freedom.
QUESTION 17
Points to be achieved: 1.00
Completion of documentation is an important part of your role as it will accurately
keep an ongoing record of the client’s progress and plan for support.
How can you ensure record management meets policy, legal and ethical obligations?
(60-70 words)
Answer: The cross checking with the actual documentation with the standard
documents can help in checking if the legal and ethical obligations are fulfilled or not.
These documents needs to get check on a regular basis and must pass only when they
meet all the legal and ethical obligations which are stated by the government. And if
these documents are fail to meet the requirements then they must put on a hold and
wait for their clearance.
QUESTION 18
Points to be achieved: 1.00
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Everyone has rights and responsibilities when it comes to equity and fair treatment
regardless of the status of their mental health.
What rights and responsibilities exist for the following individuals? (200- 250 words)
1. Workers : They have the right to calm for their security in the work place. The
work environment should be such that it keeps the workers safe from any kind of
hazards happen. The workers should also have the right to be treated equally at the
work place. Any discrimination can result into legal suit against their employer. They
also have the right to get the minimum wage which is set by the government for
workers.
2. Employers : Employers have the right to take the corrective actions against the
employees whose actions are going against the legal and ethical law set by the
company itself. Before taking the employee in job the employer sign him upon the
contract which states all the legal obligations which both the parties are indulge in. If
the employee is found on breaching any of these agreement laws or contract deed,
employer has the right to take correct actions against that person.
3. Individuals: Any individual who finds any mischief activity happening in the
organisation has the right to directly make a report to authorised person or
organisation. His interests and information would be totally safe and secure so that the
organisation cannot take any illegal actions against him.
QUESTION 19
Points to be achieved: 1.00
Being aware of your own attitudes, any possible judgements, bias or prejudice you
may hold will enable you to ensure you are acting professionally and fairly.
Describe three (3) possible impacts that attitudes can have while working with people
experiencing mental health issues (approx. 30 words).
Answer: 1) generation of empathic feelings in an individual
2) That individual would get polite and understandable in the situations.
3) This also helps in creating the peace and harmony in an organisation which increases the
productivity.
QUESTION 20
Points to be achieved: 1.00
Although stigma around mental health is decreasing, there remain challenges for
individuals particularly around prejudice and discrimination related to their mental
health status.
Describe four (4) key issues individuals can face with their mental health including
issues related to discrimination and prejudice (40-50 words).
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Answer: 1) these people face the issue of unequal opportunities. The opportunities
which they get are not equal to more to the other normal person gets.
2) These people also experience the unequal pay as compared with other people.
3) They experience the indifferent behaviour from others.
4) The societal pressure which they face during their day life.
QUESTION 21
Points to be achieved: 1.00
Clients will often experience changes in their mental health through a range of
circumstances. Recognising and responding appropriately to these changes will enable
the client to continue obtaining the support they need.
What four (4) ways can you respond appropriately to a client’s change in their mental
health? (20-30 words)
Answer: 1) Polite communication
2) Empathic Behaviour can help in understanding the situation of the client
3) Fair and mutual interest: The decisions or advice should be such that it creates equal
and mutual interest in for both the parties.
4) Giving him good advice.
QUESTION 22
Points to be achieved: 1.00
When you assess that a client’s needs are beyond the scope of the service, providing a
referral to an appropriate service will be necessary.
Under what other circumstances would a referral to a health professional or other
support be appropriate? (Max. 10 words).
Answer: When the case is not handle by the associated organisation.
QUESTION 23
Points to be achieved: 1.00
When supporting individuals to identify strategies and services for support, the
recovery model is commonly used. What are the principles/focus of the recovery
model? (approx. 45-55 words)
Answer: The model helps the people in moving forward and set the goals for their lives. The
model focuses upon setting the goals and objectives in their lives so that they can have the reasons
to more forwards. These reasons and aim would give the individual a reason to live and motivates
them to get better and better every day.
QUESTION 24
Points to be achieved: 1.00
Services embrace a range of values when working with clients and provide the most
supportive environment to manage mental health. For each of the principles listed
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below, provide a short description (approx 15-25 words per principle).
Health Promotion and prevention: This educates the individual about the mental
health and how they can keep themselves mentally fit.
Holistic approach: It means providing the overall support to the person which may
includes the mental, physical and emotional health.
Early intervention: It refers to the required support provided to children at their
early age when identified with some disorder.
Access and equity: The patients or mental health of people should be treated
equally and the services must access to all the areas required.
Empowered: Empowering means giving strength and power. The strength must be
provided to the people who are suffering from mental health issues or problems.
Disempowered: It refers to weakening the vulnerable person and pushing him
towards more worst mental issue or problems.
You may want to refer to the following link to help answer the question:
https://familyconcernpublishing.com.au/wp-content/uploads/2013/12/
PPEiMentalHealth2000.pdf
QUESTION 25
Points to be achieved: 1.00
Work health and safety is an important part of your role to ensure clients and
colleagues are safe within the workspace.
What is one (1) example of a work health and safety issue? (approx. 5 words).
Answer: Providing the equal and fair treatment and culture in the workplace.
QUESTION 26
Points to be achieved: 1.00
Explain the concept of social inclusion and citizenship and its relevance to people with
mental health challenges. (60-80 words)
Answer: The concept of social inclusion states the involvement of mental health
people with the society. This concept also involves the include of these people in the
counting of citizenship. These people should also be treated equally and fair with the
other normal people and should treat with the similar position and status which is
provided to other people (Thomas and Thomas, 2018).
QUESTION 27
Points to be achieved: 1.00
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Provide a description of the following mental health diagnoses:
Schizophrenia: This mental problems disables a person to think and behave
clearly. His actions and thinking ability would be confused and actions may results to
some not normal activities.
Bi-Polar Disorder: This refers to a mental illness where a person behaves just
different from his actual identity and personality. In this the person pertains to be
somebody else and start behaving like the person he is trying to mimic or become.
Depression: Depression is the state where a person losses the motivation of living.
He becomes so sad and mentally ill that he does not want to continue with his life and
thinks of committing suicide.
Borderline personality disorder: In this type of mental issue, an individual faces
with frequent mood changes, relationships and behaviour with other person.
(100-150 words)
QUESTION 28
Points to be achieved: 1.00
Provide a brief overview of how mental health approaches, societal attitudes/views,
government policy/legislation and funding have changed over the past two hundred
years. (200 words)
Answer: The support which is provided by government, NGO’s and other people
through the various approaches and methods has helped these people in coming out of
these mental issues and illness. The funds provided by NGO’s and government have
helped in maintain the health by providing them the necessary treatments to these
vulnerable people. These approaches and steps has improved the situations of majority
of these people and helped them in gaining their true state of mind. Various laws and
policy which are in favour of these people has helped in saving the interest of these
vulnerable people has enable to protect from being exploiting by any other person or
organisation.
CASE STUDY 1
Points to be achieved: 1.00
Read the scenario and answer the questions below.
Scenario:
Jasmine is 20 years old and presents regularly at a service seeking support for her
mental health. Jasmine reports to her case worker Alex. Jasmine has been diagnosed
with Borderline Personality Disorder (BPD), Anxiety and Depression. She has a
history of self-harm; however, she is safe at present. Alex feels as though Jasmine’s
BPD is really creating issues and now Alex dreads appointments with Jasmine. Alex
starts to describe Jasmine to her colleagues as ‘needy’ and ‘a bit of an attention seeker’.
Jasmine tells Alex how she would like to engage with more young people experiencing
mental illness. Alex is reluctant to offer the referrals as she thinks Jasmine doesn’t
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know what she wants. Alex thinks it’s best for Jasmine to engage only with her
psychologist and psychiatrist because she believes Jasmine is ‘overreacting’.
Questions
1. How have Alex’s own attitudes towards mental health affected her professional
relationship and decision making regarding Jasmine’s care and support? (60-70
words).
Ans. Alex understands Jasmine’s condition but lacks empathy for her and this has
created a hole in their personal as well as their professional relationship. Jasmine wants
to meet and hear from more youngsters like herself who are suffering with mental
illness but Alex feels like the medical and psychological therapy offered is enough
instead Alex should’ve considered Jasmine’s request for referrals and since her request
has been denied Jasmine might not ask for help and support from Alex again which
will cause more trouble for her cause now she has one person less to get support from.
2. What is one (1) myth about mental health seen here? (5-10 words).
Ans. It has been treated here like common flu.
3. What right of Jasmine’s has not been honoured in this scenario? (10-15 words).
Ans. Her right to be taken seriously as a client has not been honoured in this scenario.
4. What is one (1) prejudice or discrimination displayed by Alex? (5-10 words).
Ans. Alex is considering mental illness can be treated with medical support and some
emotional support.
5. What might be one (1) referral suggestion for Jasmine to engage with young
people
experiencing mental health?
Ans. She might feel comfortable and more open among people experiencing the same
thing like herself.
CASE STUDY 2
Points to be achieved: 1.00
Read the scenario and answer the questions below.
Scenario:
Angie is 32, lives in Queensland and has diagnosed Bipolar Disorder. She has been
supported by a mental health service for a few years. Lee is Angie’s case worker and
visits Angie regularly in her home. Lee’s goals in visiting are centred around Angie’s
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