Legal and Ethical Issues in Early Childhood Education: CHCLEG001

This assignment addresses key legal and ethical considerations within the Australian workplace, particularly focusing on the role of an Early Childhood Educator. It begins by outlining common workplace legal issues such as safety, wrongful termination, privacy infringements, overtime, and discri...Read More

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Running head: WORK LEGALLY AND ETHICALLY
WORK LEGALLY AND ETHICALLY
Name of the student:
Name of the university:
Author’s note:

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WORK LEGALLY AND ETHICALLY
Answer 1:
Five kinds of legal issues that arise in the workplace are discussed below:
 Workplace safety: In the workplace, the workers must feel safe, especially where they
are working with unsafe apparatus or hazardous chemicals. There is a significant reason
for workplace lawsuits for harms due to the negligence of employers on the safety of the
employees (Bong et al. 2015).
 Wrongful termination from the job: There are many lawsuits for the wrong reasons
for the termination of an employee from his job.
 Infringe privacy laws: Many employers use their employees’ photos or names for the
advertisement of their products without the approvals of their employees. It may lead to
legal issues.
 Working overtime: The inadequacy of payment for working overtime may arise as a
legal issue in the workplace between the employer and the employees.
 Discrimination: Discrimination relating to age, religion, gender preference is also a
vital issue in the workplace. It is one of the essential legal issues in a company or
industry.
Answer 2
The legal system of Australian is largely based on the legal system of the British (Short
2016). It includes the parliamentary system as well as the adversarial court system. In the legal
system of Australia, there are two types of law implemented in its territory. These are statutory
law and Common law. The common law is usually based on the British Common Law as well as

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the precedent (Bant 2015). The rights and duties of the employers, workers, and union of the
workplace are described in the Australian Labour Law, which is concerned with Common Law
in Commonwealth as well as in the state. There is a dual structure of Australian Labour Law,
where some specific issues regarding employment and relationships have been governed by the
Commonwealth laws as well as the other problems have been governed by the Common laws or
state laws. It has shared tradition with the rules and regulations across the UK Labour Law, the
nations of Commonwealth and a standard set by the International Labour Organisation (ILO).
The legislatures of Australia and the court of law have constructed a great charter of rights for
the labours and employers.
Answer 3
In the territory of Australia, there are two types of law implemented in its legal system.
These are Statutory laws and Common laws. Statutory Laws are codified by the Parliament of
state or Federal Parliament in Australia. On behalf of the Head of the State such as the Queen,
the State Governor-General for the State Acts and the Governor-General for the Union have to
sign on these Acts for enactment. After signing, it becomes legislation for ordinary people. For
example, state legislation such as the Crimes Act 1958 (Vic), the Goods Act 1958 (Vic), and
Commonwealth legislation such as the Corporations Act 2001 (Cth), the Competition and
Consumer Act 2010 (Cth). The common law is usually based on British Common Law and the
precedent. The decisions of the Apex court bind the lower courts of Australia. The common law
has been mainly exercised in the courts of law as precedent. For example, the High Court in
Queensland has recognised the native title in the case of Mabo vs Queensland 1992 as a
necessary implication in the environmental legal structure.

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Answer 4
The significant statutory and regulatory necessities relevant to the work role of an Early
Childhood Educator are discussed here. These are Child Protection and Guardianship
Legislation, the Children Young Persons (Care and Protection) Act 1998 (NSW), the Child
Protection (Working with Children) Act 2012 (NSW), the Industrial Relations (Child
Employment) Act 2006 (NSW), Early Childhood in Australia such as Code of Ethics, Workplace
Health and Safety, the Food Safety Legislation, Discrimination, Harassment and opportunities on
Equal Employment.
Answer 5
A duty of care is a lawful obligation that has imposed on a person demanding devotion to
a standard of reasonable attention at the time of performing an act that may foreseeably injure
others (Bong 2015). The plaintiff must show the imposition of a duty of care by law on the
defendant, which has infringed. The operation of law can impose the term duty of care between
the individuals who may not possess any proximate relationship, ultimately become related in
any manner as described by Common Law.
The Australian High Court has differed from the approach of British methodology. In the
case of Perre vs. Apand 1999, it is decided that the Australian law has determined first whether
the case is compatible with the established category, where the duty of care has been initiated. If
this does not come within it, then the claimant should prove the reasonable foreseeability of harm
that could arise from the action of the defendant. The court has applied the test of salient features
to decide whether the plaintiff owes that duty of care or not. The plaintiff is capable of
recovering the non-economic loss, which includes the suffering and pain, upon the seriousness of

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injury being almost 15% in most severe cases at New South Wales (Sugarman 2015). In Civil
Liability (Non-economic Loss) Amendment Order 2016 (NSW), the Attorney General has
increased almost $10,000 from the earlier determined amount for damages on non-economic loss
(Civil Liability (Non-economic Loss) Amendment Order 2016).
Answer 6
To ensure the competency maintained in the workplace by verifying safety tools and the
skill of workers. The employers must evaluate the competency of employees to ensure that they
are continuing to have the acquaintance and skills, which involves the protection of their work.
The ability can be maintained in diverse ways (Buys Matthews and Randall 2015). Those are,
firstly, conducting auditing program to ensure maintaining the knowledge and competency;
secondly, regular training for crucial safety tasks such as lockout processes, polarity testing of
services; thirdly, conduction of some entrusted training to improve skills for fresh work such as
training on hazardous areas competency; fourthly, the equipment or plant manufacturers provide
some significant instructions to the workmen. It should verify that the employers must provide
training on learning of resuscitation such as Cardio-pulmonary resuscitation (CPR), saving from
low energy switchboard, and the rescue method of pole top as well as on several non-electronic
practices such as working on the rooftop or in a confined space. In the workplace, there should
be a sufficient number of fire extinguishers for the safety of the workmen, in case any fire has
spread.

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Answer 7
Maintaining confidentiality and privacy in an organisation is one of the crucial efforts.
There are several reasons for keeping privacy, such as if the confidential information goes into
the wrong hand, it can be misrepresented to commit any illegal activities comparable to fraud
(Joseph and Walker 2017). There are several steps to protect such confidential information in an
organisation. Firstly, at the time of hiring any employee, there should be a provision in the
employment agreement regarding non-disclosure of sensitive messages of the organisation.
Secondly, there should be appropriate labelling on the confidential documents. The labelling can
appear on hard copy as well as on the electronic records. Thirdly, the employer should check out
the other business agreements for such privacy provisions. Fourthly, there should be limited
access to confidential information of an organisation. Fifthly, at the time of leaving the job, the
employee should return all the tangible confidential information to the organisation (Da Veiga
and Martins 2015). Following these ways, an organisation may maintain the confidentiality of its
business.
Answer 8
To protect confidentiality in many situations, the Government of Australia has enacted
several Acts. The Commonwealth has adopted the Privacy Act 1988 (Cth) to regulate the
personal information controlled by an organisation. It has included 13 Australian Privacy
principles regarding the rights and duties for managing, use, holding, correcting and accessing
the personal information (King and Forder 2016). The Privacy Amendment Act 2018 has
introduced a notification procedure which is mandatory for infringement of data. In this
amendment, it is not necessary to inform individuals who are affected by the breach of data. The

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Australian Privacy Principles has bounded it all entities through the new reporting
responsibilities if there is an appropriate breach of data. The government bodies have to notify
the parties who are at stake as well as to the Office of Australian Information Commissioner
(OAIC).
Answer 9
It is crucial to seek the parent’s agreement or consent before providing any services to
their child. There are several reasons for this agreement. Firstly, the parent of the child may
reject to participate or to avail the services for their child due to some personal beliefs or their
culture. Secondly, it is essential for the consent of parents because they may arise any issue for
the activities such as taking photographs. Lastly, only the parent is knowledgeable for likings and
dislikings of their child and how this activity effects on the child (Dittman, Henriquez, and
Roxburgh 2016).
There are several strategies which can be used to involve the parents in the decision.
Firstly, to convince the parent more broadly and make sure that they feel interesting to listen to
the services. Secondly, it will be more helpful if there is a feedback process form the parent.
Thirdly, to convince them about the importance of the services providing to their child. Fourthly,
there should be a chance to involve the parent in the research about the betterment of the child
and their future.
Answer 10
I have revealed that one of my associates has been leaking information of a child to his
parent who does not possess the visitation or custodial rights to meet with their child. He is not

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supposed to do this activity without prior permission of the team manager or leader of our group.
The code of ethics of our action will be infringed through this leakage of the information to an
unauthorised person. In that circumstance, I should file a report about this matter to our authority
and also inform my team leader for their further assessment regarding this matter. It can be
mentioned here that if the condition does not resolve within the territory of my workplace, then I
should inform the issue to the Office of the Australian Information Commissioner (OAIC) for
further investigation.
Answer 1
The Code of Ethics of Early Childhood Australia (ECA) has guided some different
practices area to the educators (Palaiologou 2016). The different areas of practices are as
follows: firstly, the children because they have possessed unique strength and interest, and they
may not be able to express these as an adult. Secondly, the families because it is a root of the
child’s hopes and habits. Thirdly, the colleague which will help to increase the help of
professionalism through a cooperative association based on respect, trust and honesty. Fourthly,
the community, the educator should know the local community to generate approachable
programmes to enrich the children’s growth, learning and wellbeing. Lastly, research and
professionalism, because it will help to understand the children and their families and to take
responsibility for enunciating the professional knowledge and values. It will help a constructive
contribution of the occupation to society.

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Answer 2
There are several rights of a child as a client, these are, a right to freedom from violence,
neglect and abuse, a power to be perceived, the opportunity to flourish, right to accountability
and right to engaged citizenship. In this context, the right to freedom from abuse, neglect and
violence are discussed here.
It is the right of a child to grow up without any abuse and violence. The rate of child
neglect and abuse is being unacceptably high as it is reported that almost 40,571 children in
Australia are subjected to substantiations of child violence and abuse (Moore et al. 2015). Nearly
23% of all children in Australia and 42% of indigenous children have reported as witnessing
violence against their stepmother as well as the family (Stainton 2016). Many children have
revealed that they should have concerning the safety of their friends and siblings in the context of
the online world as well as the physical world. The Australian Government has revealed the
National Plan and the National Framework to Protect Australia’s Children to reduce the violence
against the child and their mother.
Answer 3
Values are morals, qualities and some principles that a group or an individual hold it with
high regard. A value can be defined as holding the qualities in that extent which considers being
of worth. For example, saving the rainforest may be a great value for some people, but many
people rely on the business of the forest wood for their work, which may not place a similar
value on the forestry.
The term Attitude may refer to a permanent group of beliefs, feelings and behaviour
tendencies, which have focused on any definite groups, people, any object or ideas. It indicates a

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reliance on something. The attitudes always consist of a positive as well as a negative element as
one holding attitude may possess an inclination to perform in an over-confident way towards a
person or an object.
The stereotype is a collection of beliefs which usually deficiencies the rational root
regarding the member of any specific group ar person. It is a mental image regarding the people
of such category or community based on the ascribing traits or personalities to the people. For
example, it is generally granted that most politicians in a country are opportunist.
Answer 4
There are several ways to be culturally sensitive. I must be conscious of the reason for
learning more about such other cultures. I should educate myself on such intercultural
communications by watching Tv or using social media. One should be aware of his perception
and prejudices in his community or society. At the time of exchanging the intercultural activities,
one should ask questions about his doubts. I should develop more attentive to my communication
and strained to change this in order to come across the requirements of further culture. At the
time of communicating with a child, one should be more sensitive to apprehend the want of the
child because they are more sensitive than the adults.
Answer 5
There are many information which should be kept confidential that are name, age, date of
birth, sex and address of a child, contact particulars of a guardian or family, the private care
issue, bank details, personal plans of individuals, medical records, service records of a person,
guardianship orders of a child, and personal correspondences. There are several ways to ensure

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the information kept confidential. One should control the access of the confidential information
by using some encryption, firewalls and password. The irrelevant documents should throw out in
the confidential unused bin which can not be accessible by anyone. At the time of delivering the
secret documents, one should use the secure delivery system. The employee of an organisation
should be informed about the loss of the leaking of sensitive information.
Answer 6
Harassment of a woman employee is a common and burning ethical issue in every
workplace. In my workplace, there is a strict rule against this harassment. One of my colleagues
has indicated some vulgar impressions towards the promotion of one of my other lady colleague.
Other colleagues from my company do not raise any objection against the vulgar indications;
they have laughed away this matter. However, I can not stay silent seeing this harassment and
insult of my one colleague. I have raised voice against the improper conduct of that co-worker as
it is a serious ethical issue I have ever seen at the time of promotion of a woman employee. I
have discussed it with my team leader and manager for further investigation of such unethical
conduct of the employee towards his colleague.
Answer 7
My personal values and attitudes regarding the harassment of a woman in the workplace
are that this is one of the wickedest disasters in cultural and educational perception. On a survey
of the Everyone’s Business in the last five (5) years, it has shown that almost 33% of the
Australians have an experience of sexual harassment in their workplace (Mandel 2017). I think
the harassment of a woman in a workplace is the worst activity. One of the leading cause for

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such a suggestion to combat the sexual and mental harassment of the woman employee in the
workplace. It is an image of societal behaviours and attitudes, which people have brought to their
workplace. This behaviour of a man may seem to be endangered in the workplace as well as in
the community. Every colleague of my workplace is well educated and maintain a reputed
position in their society. As an educated man, if he does not have a common sense to respect the
woman, then the whole community may be disrespect the woman.
Answer 8
The Government of Australia has moved to improve and put in a place of strategies to
increase the ethics and responsibility in the Australian Public Service such as the registration of a
third party, the code of Ministerial Advisers and the freedom of information. There are several
steps to make an ethical decision in the workplace. The Australian Public Service Commission
has developed some tools to assist in making an ethical decision. It has given such a decision-
making model, which is easy to recall with the acronym as REFLECT. The acronym means,
firstly, Recognise the possible issues or the problems; secondly, Find the applicable and relevant
information; thirdly, Linger at such division; fourthly, Evaluate such options; fifthly, Conclude;
and lastly, Take time to reveal.
Answer 9
Unethical conduct is an act or omission of a person, which considers as an immoral and
improper behaviour of a person. It completely falls outside the moral right of a person. An
individual, as well as the professionals or politician, can behave in an unethical way. The
government of Australia has enacted several Codes, policies or guidelines for such unethical

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behaviour of the people. The Secretary-General of the Australian Government has approved
some plans and instructions, which has formed the Conduct of Department and Ethical
Behaviour Framework. These are Code of Conduct Guidelines, Public Services Act 1999,
Workplace Respect Policy, Procedure for Suspected Breaches of the Code of Conduct by the
Australian Public Service.
Answer 10
The authority to whom the report of unethical conduct can depend on the context. There
are some ethics board which has taken the complaints; some companies possess their
ombudsmen to whom the employees can report for further investigation. Clause 1.3 (f) of the
Australian Public Service Commissioner’s Directions 2013 has required all the employees
regarding their responsibilities and duties, to report such unacceptable behaviour effectively and
fairly. The report can be done to the nominated person such as the HR of a company, or the
senior employee. The Public Interest Disclosure Act 2013 describes that a report can be done to
the supervisor, the agency head or the authorised officer as a disclosure of the fact.
Answer 11
The Conflict of interest means an established circumstance, which generates a possibility
that a secondary interest will unduly influence actions or professional judgments concerning a
primary interest (Komesaroff, Kerridge and Lipworth 2019). It is a situation where an
organisation or a person is involved in such financial and multiple affairs, and attending one
interest, which could have involved functioning in contradiction to another. Characteristically,

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this has related to the situations where a private interest of an organisation or an individual has
might unsympathetically affect the obligation owed to decide for the assistance of a third party.
Answer 12
There are several processes to deal with the conflict of interest. Firstly, there should have an
established process to handle the conflict of interest. Secondly, there should be proper training of
the persons to reduce the conflict of interest. Thirdly, to get rid of the conflict of interest there
should be an open field to report to the authorities. Fourthly, one should declare his interest to
the board of the administration. Finally, this is one of the best conduct that the director calls to
report to the board for any perceived, real or potential future conflict of interest of each other. By
these ways, as mentioned above, one can manage to get rid of the conflict of interest.
Answer 1
In my workplace, I have observed two practices, which are not meeting the ethical and legal
requirements. I have seen that there is a lack of safety, and some of my women colleagues have
been discriminating in various places. This lack of safety of the workers has violated the rules of
the Workplace Health and Safety Act 2011 (Cth). Section 27 of this Act describes that an officer
has to take care of the health and safety of a workman. There are several legislations, which deal
with the discrimination in the workplace such as the Age Discrimination Act 2004, the Racial
Discrimination Act 1975, Sex Discrimination Act 1984. Firstly, I will inform the officer of my
workplace; then I will make a report to the Office of the Australian Information Commissioner
for such lake of safety and discrimination in my workplace. To ensure the services whether they

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have met these requirements or not, I should concern about the further happening of those
matters in my workplace.

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References
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coherence. UNSWLJ, 38, p.367.
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The Competition and Consumer Act 2010 (Cth).
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The Crimes Act 1958 (Vic)
The Goods Act 1958 (Vic)
The Industrial Relations (Child Employment) Act 2006 (NSW)
The Privacy Act 1988 (Cth)
The Public Interest Disclosure Act 2013