Ramesh Bhujel - CHCLEG001: Legal and Ethical Issues in Healthcare

This document presents a comprehensive assessment on legal and ethical issues in healthcare, specifically focusing on the CHCLEG001 unit. The assignment includes various activities such as identifying legal issues, providing an overview of the Australian legal system, and differentiating between criminal and civil laws. It also covers statutory and regulatory requirements, and a detailed case study involving ethical breaches in aged care. The assessment further explores topics such as communication challenges, workplace improvements, and legal obligations related to reporting abuse. It incorporates student responses to questions, practical observations, and feedback, providing a holistic view of the student's understanding and application of legal and ethical principles in a healthcare setting. The assignment also includes a student assessment cover page and pre-assessment checklist.

1. Table of Contents
1.Table of Contents...............................................................................................................2
3. .............................................................................................................................................3
4.Message to Student............................................................................................................4
5.Student Overall Assessment Record Sheet....................................................................6
6.Pre Assessment Checklist.................................................................................................8
7.Student Assessment Cover page...................................................................................10
Activity 1A – PC 1.1........................................................................................................12
Activity 1B – PC 1.2........................................................................................................14
Activity 1C – PC 1.3........................................................................................................15
8.How has the personal care worker breached ethical requirements?.........................15
9.What would have been the ramifications if Norm had been given antibiotics against
the instructions of his wife?...............................................................................................16
10.How did the personal care worker’s values differ from those of Myrna, Norm and
the doctor?...........................................................................................................................16
11.What action should be taken by the person who heard the personal care worker’s
comments?...........................................................................................................................16
12.What would you say to comfort Myrna?......................................................................17
13.Would it be a conflict of interest to accept this gift? Explain your answer.............17
14.What would you say to Myrna in regards to the gift she has offered?.....................18
Activity 1D – PC 1.4........................................................................................................18
Activity 2A – PC 2.1........................................................................................................19
Activity 2B – PC 2.2, PC 2.3...........................................................................................20
Activity 2C – PC 2.4........................................................................................................23
Activity 2D – PC 2.5........................................................................................................24
Activity 2E – PC 2.6........................................................................................................25
1.What issues does Martha face regarding communication with staff?.......................25
15.What assistance can Benny give to other staff to assist them to communicate with
Martha?.................................................................................................................................26
16.What issues does Martha face in communication with other residents?................26
Activity 2F – PC 2.7.........................................................................................................26
Activity 2G – PC 2.8........................................................................................................27
Activity 3A – PC 3.1, PC 3.2, PC 3.3..............................................................................28

1.Identify two improvements that would enhance work practices within your
organisation. .......................................................................................................................28
17.Assessment 1: Underpinning Knowledge Questions Assessors Feedback ..........30
18.2: Research Work/Project (Q & A)................................................................................33
Does Nickky have a legal obligation to report this to police? Why/why not?..............34
List five indicators that might suggest that a child is being abused physically or
psychologically....................................................................................................................34
19.Assessment 2: Research Work/Project Assessor Feedback....................................43
20.Assessment 3: Simulation/Workplace Observation of Practical Skills....................46
21.Practical Observation 1..................................................................................................48
22.Practical Observation 2..................................................................................................50
23.Practical Observation 3..................................................................................................52
24.Practical Observation 4..................................................................................................54
2.
3.

4. Message to Student
Please ensure you read the Assessment Information booklet and the Student Handbook provided to
you in your Learner App. Ensure you understand the assessment process.
These booklets provide important information such as:
 Overview Written work Active participation Collusion Who are you being assessed by Competency outcome Additional evidence Confidentiality Assessment appeals process Recognised prior learning Special needs Reasonable adjustment Assessment guide Assessment submission How should I format my assessments? Written work How should I reference the source of information I use in my assessments? Return of assessments Plagiarism What about copyright?
This assessment is a mixture of closed and open book questions, you will be required to
research different sources of media i.e. internet, text books and in the Student Guides
provided to you.
Please provide your answers using your own words. Do not copy or plagiarise from any of
your sources.
CHCLEG001 - Work legally and ethically
For all documentation on the performance criteria and assessment requirements of the unit
CHCLEG001 - Work legally and ethically, please refer to the training.gov.au website using this
link. https://training.gov.au/Training/Details/CHCLEG001

5. Student Overall Assessment Record Sheet
Unit Code and Title CHCLEG001 Work legally and ethically
Student Name
Student ID
Unit Start Date
Assessment Item
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S = Satisfactory
NS = Not Satisfactory
DNS = Did Not Submit
C = Competent
NC = Not Competent
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Assessment 1
Knowledge/skills
Assessment e.g.
Questions & Role Plays
S NS DNS
Assessment 2
(if required) Project based activities S NS DNS
Assessment 3 Simulation / Workplace
Observation S NS DNS
Final Assessment Result for this unit C N
C
Feedback to Student

____________________________________________________________________
____________________________________________________________________
Assessor Name & Signature: ____________________________________ Date:
__/___/____
Student Declaration: I declare that I have been assessed in this unit and have been
advised of my result. I also am aware of my appeal rights.
Signature: _____________________________________ Date:
_____/______/______

6. Pre Assessment Check-list
Student Name:
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Checklist for Conducting the Assessment 
Student confirms readiness to be assessed 
Time and date of the assessment was diarised and agreed to by the student

Unit Due Date: Time: Location:
Criteria against which the students performance will be assessed are explained to
the student 
Student has read the Assessment guidelines document where assessment methods,
processes and documentation about assessment have been explained to student. 
Has student any special any special requirements? Please list special requirements: 
Confidentiality of assessment outcome has been explained. 
Right to appeal assessment decision has been explained to the student. 
All hygiene, Work, Health and Safety requirements have been met as per
orientation pack. 
Instructions to the Students Should you not answer the questions
correctly, you will be given feedback on
the results and your gaps in knowledge.
You will be given another opportunity to

demonstrate your knowledge and skills
to be deemed competent for this unit of
competency If you are not sure about any aspect of
this assessment, pleases ask for
clarification from your trainer. Please refer to the Australian Nursing
and Training Services Student Handbook
for more information.
 If you have questions and other
concerns that may affect your
performance in the assessment please
inform the assessor immediately.
In signing this form, the student acknowledges
that s/he is ready for assessment and that the
assessment process has been fully explained.
The assessment information gathered
(including student name, but no other personal
details) will be used by the training organisation
for specific record keeping purposes.
Student’s Signature:
Assessor’s Signature:

7. Student Assessment Cover page
Students to complete when submitting assessments
Unit Code and Title CHCLEG001 Work legally and ethically
Student Name Ramesh Bhujel
Student ID ANT0000175
Student contact 043217762
Unit Start Date 1/18/2020
Student Declaration: I declare that the work submitted is
my own original work and has not been copied or
plagiarised from any person or source (published or
otherwise) without acknowledgment in the text.
I am fully aware of the penalty of plagiarism.
Signature:_______________________________________
_
Submission Date: _____/______/______

Assessment 1: Underpinning Knowledge Questions
Complete the following activities individually or in a group (as applicable to the
specific activity and the assessment environment).
Activity 1A – PC 1.1
Student
Name
Student ID ANT00000____
_
Activity 1. Identify five types of common legal issues relevant to
the workplace.
 Harassment with client and worker (physical, sexual,
cultural)
 Issues with client’s rights
 Discrimination between staff and clients
 Privacy and confidential problems and issues
 Unfair dismissal
2. Give a brief overview of the Australian legal system.
In Australia has different place and territories, they have
separate jurisdictions, they have own system and rules, but
this originated based on British law. One thing Australian
government is non- discriminatory and underlined by
procedural and fairness as well as separation of powers. Since
1901 when the government made, they had been divided
power between federal government and states.
There have two kind of power
- Exclusive power which is the federal government who
has exclusive power to make decision for example
defence, external affairs. Immigration and citizenship as
well as trade and taxation.
- Concurrent powers: both tiers of government can enact
such laws for the country.
Normally, Austrian government have different kind of rules
and regulation for the any kind of person who are living inside
the Australia. Everything has been control from the
government.
3. What are the two types of laws? Give examples of each.
Criminal law: This is the law that deals with society not with
individual. It covers all the aspects of crime that includes sexual
assault, rape, theft etc. One of the major example of this law is
drinking and driving that take place in day to day life. Fines and

penalties for this are explained under this law.
Civil law: These are the laws that involve individual not the society
which means all the crimes committed by an individual or is
impacting an individuals life are deal in it. Example of this law
related to marriage that comes under family law and child abuse
that means the wrongs that are committed against children like
child labour, child marriage.
Activity 1B – PC 1.2
Student
Name
Student ID ANT00000____
_
Activity What are the key statutory and regulatory requirements
relevant to your work role?
Different organisations have own rules and regulation for working.
Policy for the healthcare organisation need to follow some main key
statutory requirements described as follows:-
 meet duty of care because client need to get healthy food
and proper medicine at the time.
 Duty of care in law
 Negligence law
Activity 1C – PC 1.3
Student
Name
Student ID ANT00000____
_
Activity CASE STUDY
Myrna and Norm talked frankly about ageing and death long before either of
them reached old age. They both agreed that they did not want to be kept alive
artificially and that they would like to refuse treatment when they no longer had
a good quality of life.
When Norm entered residential aged care he specified his wish which was
recorded on his file. His wife had a medical power of attorney for him so that she
could make decisions about his treatment if he was not able.
After a period of time his health worsened. He no longer knew his wife and
suffered pain and discomfort. He suffered many chest infections.
After one particularly bad chest infection Myrna spoke to Norm’s doctor and said
that she no longer wanted his chest infections to be treated with antibiotics. The
doctor knew Norm’s wishes and agreed that this was what he would have
wanted.
His next chest infection was his last. He died peacefully and with dignity.
One of the personal care workers was heard to say in the staff room, ‘I can’t
believe the doctor didn’t give Norm antibiotics. He would have been alive now if
he had. That’s malpractice! His wife probably just wanted his money quicker.’
1.How has the personal care worker breached ethical requirements?

The personal care worker did not provide antibiotics to norm which could have
otherwise saved him from dying.
2.What would have been the ramifications if Norm had been given antibiotics
against the instructions of his wife?
She could sue the medical staff as she held the medical power of attorney of Norm.
3.How did the personal care worker’s values differ from those of Myrna, Norm
and the doctor?
The personal care worker gave due consideration to ethics and healthcare code of
conduct. Thus, his values were highly opposed to those of Myrna, Norm and the
doctor.
4.What action should be taken by the person who heard the personal care
worker’s comments?
The person should report this behaviour of doctor to the concerned top authority
as it constituted breach of ethics.
Myrna is very sad after her husband’s death. She confides in you that she
misses him terribly. She is glad that he is finally at peace but is also
struggling with her decision to refuse treatment. She knows that is what
Norm wanted but wishes he was still with her. She tells you that she can’t
sleep at night and does not feel like eating at all. She thanks you for the care
that you provided to Norm in his last weeks of life.
5.What would you say to comfort Myrna?
It is a part of my duty to do so and there is no need to be thankful for the same.
Myrna is so thankful to you for all the support you have given to Norm and
her that she presents you with Norm’s gold watch and says she wants you to
have it. It is old and looks very valuable.
6.Would it be a conflict of interest to accept this gift? Explain your answer.
Yes, the acceptance of gift would constitute a conflict of interest as it is the duty of
the medical staff to provide required support to patients and their families.
7. What would you say to Myrna in regards to the gift she has offered?
It is needless to offer the gift as it so precious and it is the one of the
last possessions of Myrna's husband.
Activity 1D – PC 1.4
Student
Name
Student ID ANT00000____
_
Activity Imagine you have discovered that a colleague has leaked details
about a famous patient to the press, concerning the details of
their condition and their treatment.
How would you deal with this scenario?
 First thing I will inform to the supervisor or management team
about leaked information. We need to think of client rights, as

well as duty of care. Client has own private information which
they don’t want show to everyone. Best of way dealing any
worker need to inform to their management.
Activity 2A – PC 2.1
Student
Name
Student ID ANT00000____
_
Activity Briefly explain code of
ethics.
 Code of ethics
directly deals with
behaviour of worker
at the working field,
so clients has many
things which are
related with their life.
Workers must
protect client’s right.
Code of ethics
specially designed
for the honesty and
integrity of the work.
For example,
workers are not
allowed to the
client’s information.
 So, we can say that
code of ethics
always ensures for
the client’s safety,
well-being rights are
actively considered
in every day and
every time at the
workplace.
Activity 2B – PC 2.2, PC 2.3
Student
Name
Student ID ANT00000____
_
Activity 1. What are the rights of the client? Explain briefly one of these
rights.
 Human rights: this right show the freedom of the human
beings. Someone can do what he wants to do in his life but
when someone doing anything, shouldn’t be affect, example
choice, privacy, dignity.
 Duty of care:
 Self- determination: this right related with human own decision,
any one can do what they like.

 Acceptance – it means any one can accepts or exit anything,
before doing or taking decision, people can deserve for their
own dignity and respect.
2. What are values, attitudes and stereotypes?
 Values are important which is the view of the people,
because it helps to develop and grow. It helps us to create
future every want to experience.
 Attitudes: is an individual predisposed state of mind regarding a
value and it is precipitated through a responsive expression
towards person. other way we can say what we are thinking
proper way of acting or thinking about some subject.
 Stereotypes: is a fixed, over generalised belief about a
group of class of people, they are image that comes into
your mind when people think of certain groups.
3. How can you be culturally sensitive?
One can be culturally sensitive by embracing diversity at work place.
The other way is to facilitate communication with others belonging to
the organisation.
4. What are policies and procedures in regard to disclosure and
confidentiality?
 Need to keep in locked filing at cabinets.
 Keep away from unauthorised person because another
wide client detail will be leaked out.
 Use password and protected.
 It must be safety room, no one access any time.
5. List the types of information that should be kept confidential
and how can you maintain confidentiality?
List of the information which are listed in confidential
1. Name and address of client
2. Staff address and mobile number
3. Name and personal detail of volunteers
4. Details of funding
There is the list of maintaining confidentiality.
 Support worker never discuss client information in the
public.
 Client confidential documents need to keep scarcely,
unauthorized cant access information.
 Support worker never discuss client personal
information even family members and friend.
 Never leaked out client name, details and heath
condition in seminars and meetings.

Activity 2C – PC 2.4
Student
Name
Student ID ANT00000____
_
Activity CASE STUDY
You work in a disability centre looking after adults and children.
One of your colleagues, who over the years, has also become a
good friend of yours, recently shared that her husband walked out
on her and her two young children. She has been left to cope alone
and is really struggling financially as she is now the only wage
earner and has to pay for childcare.
As you are the person responsible for stock checks and ordering
supplies such as nappies, baby wipes and formula, you notice that
the rate at which these items are being used has increased, even
though the number of children at the centre has not changed.
One day, you see your colleague in the stock cupboard. When she
notices you, she becomes flustered and goes to leave. As she does,
she drops her bag and items she has taken from the stock cupboard
fall out. She breaks down into tears and says she has been taking a
few items from stock when she is desperate as she cannot afford to
buy the items and still pay rent, utilities and run her car.
The questions below relate to the case study above.
1.Explain what is the ethical issue and dilemma?
 As in this case it is totally ethical issue because she must
know stolen in the bad decision. She can’t mix personal issue
with workplace.
2.Who you would speak to about it?
 Supervisor and manager
Activity 2D – PC 2.5
Student
Name
Student ID ANT00000_____
Activity When working with a diverse range of people we are bound to come across situations
where we need to consider our personal values and attitudes and our non-judgemental
approach. In the following table describe how you would respond to each situation.
Situation Response
Your client is an Aboriginal woman. She does not
want you to shower her as you are male. You are
the only person available at the current time to do
showers.
As a person assigned with
the duty, I would do so
without any inhibitions.

Situation Response
Your client is a devout catholic. She often talks to
you about God and asks you about your religious
beliefs. You are an atheist.
I would not have any interest
in listening to her talks.
Your client is a mother who has just found out that
her daughter is a drug addict. She is inconsolable –
crying uncontrollably and blaming herself for her
daughter’s addiction.
I would pacify her so that she
can calm down and maintain
her peace of mind.
Activity 2E – PC 2.6
Student
Name
Student ID ANT00000____
_
Activity CASE STUDY
Martha is an Aboriginal lady from the Sydney region. She lives in a small,
remote community but has recently entered an aged care facility as she is
seriously ill with cancer. She is not expected to live more than a few months.
The closest aged care facility that could take her was four hour’s drive from her
home. The facility has only one male Aboriginal worker, Benny. The rest of the
personal care workers are all female non-Aboriginal people. Most of the
residents at the facility are not Aboriginal.
Martha does not settle well into the facility. She does not eat the food unless it
has been brought to her from her family. She likes to chat with Bill and tells him
that he is the only one who understands how she feels about being so far away
from home. She will not let Benny assist her with tasks such as dressing and
bathing, however, as he is male. She often refuses to shower.
Other residents have complained that Martha is rude and often ignores
them, and never looks them in the face. They also say she is dirty and
they do not want to associate with her.
1. What issues does Martha face regarding communication with staff?
They are non Aboriginal and thus she is not able to settle with them in an effective manner.
8.What assistance can Benny give to other staff to assist them to communicate with
Martha?
Benny can assist the other staff members to develop effective communication strategies for
setting interaction with Martha.
9. What issues does Martha face in communication with other residents?
She hesitates in setting interaction with them so as to sustain effectively
within the premises of care facility.
Activity 2F – PC 2.7
Student
Name
Student ID ANT00000____
_

Activity 1. What is unethical conduct?
These are the morally unacceptable behaviour that is shown in
workplace or at any professional place, examples are professional,
business and politicians. This can be considered disregard of
professional ethics.
2. Who should you report unethical conduct to?
It depends upon the organisational police however majorly unethical
conduct is reported to supervisor or manager.
Activity 2G – PC 2.8
Student
Name
Student ID ANT00000____
_
Activity 1. Define a conflict of interest.
A conflict of interest can be referred to as the instance whereby an
individual gets indulged in multiple interests and fulfilling one interest
leads to disrespect of another interest. It can also be associated to
'abuse of power'. This can be done by any person who is holding a
superior position it amounts to violation of law. In general sense it
means when a superior acts stubborn or rigid on his part.
2. How can you manage a conflict of interest?
A conflict of interest can be managed by removing a person from their
position or by proving that an individual has 'abused his power' and
also reviewing that the person is involved in an activity that is against
the basic rules of ethics. Also, it can be managed by enforcing a
strong code of conduct and ethics.
Activity 3A – PC 3.1, PC 3.2, PC 3.3
Student
Name
Student ID ANT00000____
_
Activity For this Activity you are required to do the following:
1. Identify two improvements that would enhance work practices within your
organisation.
You may choose any types of work practices for this task. Some
examples include such things as:
 Redesigning a checklist to make it more user friendly
 Suggesting a change to a work practice to make it more efficient
 Providing additional information to staff (such as using a meeting

to share information or putting into a poster or flyer format)
 Improving work flow
 Improving communication with clients and carers or family.
1. Now you need to write an email to your supervisor that proposes
your two suggestions for improvement.
Your email must be written in a professional manner and must include
the following information:
 Your description of the improvements.
 The reasons you are suggesting each improvement.
 How each improvement will help staff do their job – including
meeting legal and ethical requirements.
 Attach any documents you have designed or redesigned (for
example, a revised checklist, revised procedure, poster, work flow
chart and so on) if appropriate.
You can write your suggestions in dot point form if you wish.
Send your email to your supervisor (or your assessor if your supervisor
cannot participate).
2. Organise a time to discuss your email and suggestions with your
supervisor. If your supervisor is not available, or does not have time
to meet with you, you may meet with your assessor instead who will
play the role of your workplace supervisor.
You will need to talk about the following in your meeting:
 Why you think each work practice can be improved.
 Each suggestion for improvement.
You must take notes during this meeting.
You must also ask your supervisor for feedback on your suggestions.
Ask them:
If they think your suggestions are a good idea.
If there other things that need to be thought about.
If they can suggest any improvements to your suggestions.
3. After your meeting with your supervisor (or your assessor), write a
short report that provides details about the meeting. Include in your
report:
 the feedback from your supervisor (or assessor) about your
suggestions
 any changes that you will need to make to your original
suggestions.
10. Assessment 1: Underpinning Knowledge Questions Assessors
Feedback
This should be used by the trainer/assessor to document the student’s skills, knowledge
and performance as relevant to the unit activity. Indicate in the table below if the student is
deemed satisfactory (S) or not satisfactory (NS) for the activity or if reassessment is
required.

The assessor must provide evidence with the assessment tool. For written questions the assessor
must provide the student’s original written responses. For verbal questioning, the assessor must
provide dot points as a minimum on the student responses.
For details on how to conduct and contextualise this form of assessment, please refer to the
questioning checklist explanation in the assessor guide.
Student’s
Name:
Assessor’s
Name:
Attempt 1 2 3
Feedback to Student:
Result  Satisfactory  Not Yet
Satisfactory
Assessors Signature: D
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Students Signature: D
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8. 2: Research Work/Project (Q & A)
Objective: Show you have the required knowledge for this unit.
The answers to the following questions will enable you to demonstrate your knowledge of:
 Legal and ethical considerations (international, national, state/territory, local) for
people working in the community services and health context, how they are applied
in organisations, how these impact individual workers, and the consequences of
breaches:
o children in the workplace
o codes of conduct
o codes of practice
o complaints management
o continuing professional education
o discrimination
o dignity of risk
o duty of care
o human rights Universal declaration of human rights relationship between human needs and human rights frameworks, approaches and instruments used in the workplace
o informed consent
o mandatory reporting
o practice standards
o practitioner/client boundaries
o privacy, confidentiality and disclosure
o policy frameworks
o records management
o rights and responsibilities of workers, employers and clients
o industrial relations legislation relevant to employment conditions of role
o specific legislation in the area of work – objectives and key components
o work role boundaries – responsibilities and limitations
o work health and safety
 Interrelationships, similarities and differences that may exist between legal
and ethical frameworks
 Legal issues in the context of the work role:
o type of legal issues that arise

o ways to respond
 Ethical practice in the context of the work role:
o type of ethical issues that arise
o ways to respond
 Workplace policies, procedures and protocols:
o how they are/should be developed
o processes for review, including consultation and mechanisms for input
Answer each question in as much detail as possible, considering your organisational
requirements for each one.
All answers will vary depending on the student and the organisation they work for but the
student should be able to answer each question competently.
1. PC 1.2, PC2.4, K1
a. Nickky works in a Residential Care environment. One of Nickky’s elderly clients lives at
home with her daughter and granddaughter. The granddaughter has told you today that
her uncle has come to stay and she doesn’t like him because he touches her in private
places. She shows you some bruising at the top of her legs. The child is not your client. Does Nickky have a legal obligation to report this to police? Why/why not?
Yes Nickky has a legal obligation to report the same to police as she is aware of an unethical or
unacceptable activity of society. It is the moral duty of Nickky to communicate about the same to police so
that appropriate actions can be taken against the guilty man. Whether or not the child is one of her clients,
being a part of Residential care environment, getting knowledge of any such unethical or unlawful activity
put Nickky in the space to file a case against the man abusing the grand daughter.
 List five indicators that might suggest that a child is being abused physically or psychologically.
There are several types of indicators which reflect that a child is being abused
psychologically or physically. Out of these, there are some which are primary indicators
while some which are of secondary nature. In this regard, some of the primary indicators for
the same are briefly mentioned as underneath:-
 Bruises In Unlikely Places Such As Back, Hands, Buttocks, Upper Thighs And Other
Soft Parts Of Body
 Inconsistent Or Absent Explanation Of Bruises
 Pressure Marks From Fingers On The Face, Chest Or Back
 Skull Fracture, Sub-dural Bleeding, Multiple Fractures Of Different Ages
 Suspicious Burns
b. Describe the difference between a code of conduct and a code of practice.

A directional document which comprises of peculiar behaviour and practices which are
being restricted or followed within organisation is referred to as code of conduct. It is
entirely in organisation and involves behaviour of individuals like abuse, misconduct, etc.
Code of practice refers to a document which complements occupational health along with
safety regulations for rendering practical guidance to comply with legal obligations. Code of
practice is used by ICT professionals which comprises of ethical practices, professional
conduct, etc.
c. Era, a registered nurse, is being harassed by a male senior staff member, Guy. He constantly mocks
her because she is overweight. Era works with Guy on a daily basis and he constantly make jokes
and comments about the quality of her work. He also mocks her when she has to do any physical
tasks – saying she will probably have a heart attack because she is so fat. When an opportunity to
take on a project comes up Guy tells Era that she should not attempt to apply for it because she
wouldn’t be fit enough to do the job.
 What legislation and policies are being breached?
Employment Relations act, 2004, is liable for recognition of procedures for different trade unions, unfair
dismissal, and grievances. Right to Dignity involves worth of an individual within the office. Here, self-esteem
is major component as Era is being going through same situation on daily basis.
 Describe an effective complaints management process that Era could follow if she wanted to formally
lodge a complaint. (Provide a step-by-step process.)
With respect to this, Era can communicate with team leader with respect to aspects they are going
through. In case if appropriate measures are not being taken then Era can approach management so
that the mental torture through which they are going through can be eliminated. Along with this, a
formal email can also be sent to them.
d. What is dignity of risk
This means taking certain decisions in which there is reasonable amount of risk. In can also
be explained in a way to make important rules that may or may not be successful. Example
for it are decisions take by elder in a family or decision take by boss in a company.
e. What is duty of care
It means the care that involves the things that are to be kept in mind before performing any
act. This is more precisely explained in law of torts. In this law there is a term that is
vicarious liability that explains about the duty of care more precisely.
f. Explain what is meant by Human Rights
These are the rights that are explained in the Human Rights Act 1988 that is given by
United Nation. They are the basic rights that are there to protect any individual from being
deprived of basic necessities.

g. Provide an example of informed consent
Taking a patient's blood pressure is an example of informed consent. This means that
before preforming any medical activity, the consent of the person has to be taken.
h. In the following table briefly describe each of the legal and ethical considerations, their
importance in the health and community services area and a possible consequence of a breach of
each.
Legal and
ethical matter Brief description Importance in health and
community services Consequence of breach
Mandatory
reporting
Legal requirement for a
health and community care
entity to publish information
about a certain aspect of
business.
They tend to instil a sense
of trust within the patients.
This may result in
imposition of fines or
penalties.
Standards of
practice
Rules and guidelines which
guide the conduct of
professionals working for
provision of health and
community services
They ensure that ethical
and legal conduct is
maintained by the
professionals
Damage to the goodwill
of the company in
market place
Work role
boundaries
Duties, limitations and rights
of an individual within health
and social care.
They tend to establish
healthy relations between
service provider and
patients.
This would result in
disciplinary action
against the person doing
breach.
Hazard
identification
and risk
assessment
Determining the health
hazards as well as
examination of various types
of risks.
They help to identify the
persons who are posed to
risk.
It will imply inability of
the health care service
provider to provide
quality services to
patients.

i. Harry is working in Home and Community Care. One of the clients, Arnold has
taken a liking to Harry as he reminds him of his son. He often gives Harry
small presents and has now offered to pay for a season ticket to the football
(they both follow the same team).
What should Harry consider before he accepts this gift?
The motive of donor whether it is given as just a gift or a bride. When this is being given
either in private space or in public place. Type of the gift has to be considered in terms of its
value whether it exceeds what is permissible or not.
j. Provide three examples of how you would protect client or customer information.
The systems in which information is stored must be password protected and it must be kept secret
so that third person can't open it.
In case if person gets access to the system then still the confidential information must be encrypted
so that they are not able to use this information.
There has to be restriction in access to personal information like people who must not know should
not be given access for sensitive customer files whether they are in electronic or paper form.
k. A client discloses to you in confidence that they are considering harming another person. Are you
obliged to keep this matter to yourself due to confidentiality requirements? Why or why not?
In this context, when individual know that the third person is getting harmed by
actions carried out by client then it must be informed to appropriate authorities so that
the one who is getting harmed is being protected. Though the confidentiality will be
breached but each individual needs to keep their ethics at topmost priority.
2. PC 2.3
Describe the relationship between legal and ethical frameworks.
Ethical and legal frameworks are quite effectively related to each other as both of them
intend to create an atmosphere of harmony and peace. Whereby ethics seeks to render
guidelines regarding the manner in which human behavioural conduct should be, laws put
restriction upon the behaviour by way of punishments. Ethics and law work together in a
collaborative manner to define the right behaviour for individuals.
3. PC 1.4
Identify 3 legal issues that can arise and explain how you would respond to these
Discrimination, unfair dismissal and copyright or patent issues are 3 main issues that can
arise at the workplace. Individuals can respond to such issues by reporting to the
concerned authorities within the organisation.

4. PC 2.4
Identify 3 ethical issues that can arise and explain how you would respond to
these
The 3 main ethical issues which can occur within the confines of an organisation are breach
of confidentiality, unethical leadership and toxic culture at work place. It is important for
individuals to themselves ensure that they behave in an ethical manner at all times. In other
case, they can report the instance of any ethical issue to the top management or authority
designated for this concern.
5. PC 3.3
How would you contribute in developing policies and procedures in an
organisation?
By analysing the workforce performance and organisational culture, I would recognise the
need for developing policies and procedure in a specific domain of the entity. Then I would
communicate the need to top authorities and ask them to conduct a meeting as well as hold
discussion over the same.

11. Assessment 2: Research Work/Project Assessor Feedback
This should be used by the trainer/assessor to document the student’s skills, knowledge
and performance as relevant to the unit activity. Indicate in the table below if the student is
deemed satisfactory (S) or not satisfactory (NS) for the activity or if reassessment is
required.
The assessor must provide evidence with the assessment tool. For written questions the assessor must
provide the student’s original written responses. For verbal questioning, the assessor must provide dot
points as a minimum on the student responses.
For details on how to conduct and contextualise this form of assessment, please refer to the questioning
checklist explanation in the assessor guide.
Student’s
Name:
Assessor’s
Name:
Attempt 1 2 3
Feedback to Student:
Result  Satisfactory  Not Yet
Satisfactory
Assessors Signature: D
a
t
e
:
Students Signature: D
a
t
e
:

9. Assessment 3: Simulation/Workplace Observation of
Practical Skills
Objective: To demonstrate the required performance elements for this unit.
This activity will enable you to demonstrate the following performance evidence:
 Completed workplace activities in accordance with legal and ethical requirements in
at least 3 different situations
 Developed appropriate responses to at least 3 different legal or ethical issues
relevant to the work role Identified and communicated at least 2 potential work practice improvements
designed to enhance workplace responsiveness to legal and ethical requirements

10. Practical Observation 1
Student’s Name:
Assessor’s Name:
Date:
Location:
Client /Scenario:
Donny is 78 years old, he lives at home with his partner, Amanda, 56 years old. Lately Donny is getting
difficult to look after, and in addition he is fral, weak and suffering Dementia. Amanda is getting
frustrated and has a tendency to yell at Donny. She does not understand or have the know-how in
managing Donny’s situation. You are the Carer that Amanda hires and you have witnessed
Ananda’s demeanour around Donny. What are the legal and ethical issues that were possibly breached?
 Identify the work place documentation that you are required to do in order to protect
Donny.
Please tick the appropriate column and complete the sign off section at the end
The candidate must show evidence of the ability to complete tasks
outlined in elements and performance criteria of this unit, manage
tasks and manage contingencies in the context of the job role. There
must be evidence that the candidate has:
S NYS N/A
Completed workplace activities in accordance with legal and ethical
requirements in at least 3 different situations.
Student must demonstrate ability to; Apply knowledge and skills in how informed consent works Apply knowledge and skills in mandatory reporting Follow work place policy and procedures – e.g.
recording/reporting, work roles boundaries (reporting as per
chain of command)
Developed appropriate responses to at least 3 different legal or ethical
issues.
Students must demonstrate ability to; Apply knowledge and skills on how the mechanism of
practitioner/client boundaries in the context of responding to
legal and ethical issues Apply knowledge and skills on how privacy, confidentiality
and disclosure work if the situation arise Apply knowledge and skills on how the rights and
responsibilities of workers, employers and clients is taken
into consideration as per work place policy and procedures. Apply knowledge and skills in work health and safety

 identified and communicated at least 2 potential work practice
improvements designed to enhance workplace responsiveness to
legal and ethical requirements
Students must demonstrate ability to; Provide 2 recommendation work practice improvements, for
example but not limited to;
o How to report identified breach/es by using work place
templates specific for legal and ethical issues in the
computer system
Example of ways to communicate; Email Newsletter Display meeting minutes in the staff room when the work practice
improvement has been discussed or approved

11. Practical Observation 2
Student’s Name:
Date:
Client /Scenario:
Peter is an 80 years old grouch, and is not able to look after himself. Peter has asked you to
keep coming to his house, and not report his conditions. Peter has given you access to his
accounts and told you that you can withdraw money on his behalf so that you can pay
yourself and buy whatever Peter needs at home. Lately, you have noticed that Peter is
forgetting to eat, and on more that one occasion has soiled hiimself or has been sleeping on
his couch with the television on. What are the legal and ethical issues that were possibly breached?
 Identify the work place documentation that you are required to do in order to protect
Peter.
Please tick the appropriate column and complete the sign off section at the end
The candidate must show evidence of the ability to complete tasks
outlined in elements and performance criteria of this unit, manage
tasks and manage contingencies in the context of the job role. There
must be evidence that the candidate has:
S NYS N/A
Completed workplace activities in accordance with legal and ethical
requirements in at least 3 different situations.
Student must demonstrate ability to; Apply knowledge and skills in how informed consent works Apply knowledge and skills in mandatory reporting Follow work place policy and procedures – e.g.
recording/reporting, work roles boundaries (reporting as per
chain of command)
Developed appropriate responses to at least 3 different legal or ethical
issues.
Students must demonstrate ability to; Apply knowledge and skills on how the mechanism of
practitioner/client boundaries in the context of responding to
legal and ethical issues Apply knowledge and skills on how privacy, confidentiality
and disclosure work if the situation arise Apply knowledge and skills on how the rights and
responsibilities of workers, employers and clients is taken
into consideration as per work place policy and procedures. Apply knowledge and skills in work health and safety identified and communicated at least 2 potential work practice

improvements designed to enhance workplace responsiveness to
legal and ethical requirements
Students must demonstrate ability to; Provide 2 recommendation work practice improvements, for
example but not limited to;
o How to report identified breach/es by using work place
templates specific for legal and ethical issues in the
computer system
Example of ways to communicate; Email Newsletter Display meeting minutes in the staff room when the work practice
improvement has been discussed or approved

12. Practical Observation 3
Student’s Name:
Date:
Client /Scenario:
Tamara is 25 years old, and is recovering from her operation in your facility. Her third operation has resulted
in physical impariment and shi sis now confined in the wheelchair.
Tamara has confided in you that she thinks that one of the carers is inappropriate to her e.g. Hugging her for
no reason at all and has been trying to ask her out. Tamara is afraid and tries avoid this person, but the
person confronts her from time to time. What are the legal and ethical issues that were possibly breached?
 Identify the work place documentation that you are required to do in order to protect Tamara.
Please tick the appropriate column and complete the sign off section at the end
The candidate must show evidence of the ability to complete tasks
outlined in elements and performance criteria of this unit, manage
tasks and manage contingencies in the context of the job role. There
must be evidence that the candidate has:
S NYS N/A
Completed workplace activities in accordance with legal and ethical
requirements in at least 3 different situations.
Student must demonstrate ability to; Apply knowledge and skills in how informed consent works Apply knowledge and skills in mandatory reporting Follow work place policy and procedures – e.g.
recording/reporting, work roles boundaries (reporting as per
chain of command)
Developed appropriate responses to at least 3 different legal or ethical
issues.
Students must demonstrate ability to; Apply knowledge and skills on how the mechanism of
practitioner/client boundaries in the context of responding to
legal and ethical issues Apply knowledge and skills on how privacy, confidentiality
and disclosure work if the situation arise Apply knowledge and skills on how the rights and
responsibilities of workers, employers and clients is taken
into consideration as per work place policy and procedures. Apply knowledge and skills in work health and safety identified and communicated at least 2 potential work practice
improvements designed to enhance workplace responsiveness to
legal and ethical requirements

Students must demonstrate ability to; Provide 2 recommendation work practice improvements, for
example but not limited to;
o How to report identified breach/es by using work place
templates specific for legal and ethical issues in the
computer system
Example of ways to communicate; Email Newsletter Display meeting minutes in the staff room when the work practice
improvement has been discussed or approved

13. Practical Observation 4
Student’s Name:
Date:
Client /Scenario:
Choose form one of the first three scenarios that you explained; Donny is 78 years old Peter is an 80 years
 Tamara is 25 years old
Please tick the appropriate column and complete the sign off section at the end
The candidate must show evidence of the ability to complete tasks
outlined in elements and performance criteria of this unit, manage
tasks and manage contingencies in the context of the job role. There
must be evidence that the candidate has:
S NYS N/A
 What two improvements can you recommend that will enhance
the workplace responsiveness to legal and ethical requirements. Provide a sample of how you will communicate this
improvement to the staff of the facility. Helpful Hint: Email,
Memo or Newsletter, meeting minutes displayed in the staff
room.
Feedback to Student:
Student’s overall performance is:

S
a
t

i
s
f
a
c
t
o
r
y

N
o
t
Y
e
t
S
a
t
i
s
f
a
c
t
o
r
y
Is re-assessment necessary?

Y
e
s


N
o
Assessor’s signature: Date:
Student’s signature: Date: