COU101 GURDEEP

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Holmes Colleges Melbourne *

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HI5019

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Law

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Jan 9, 2024

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6

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ASSESSMENT COVER SHEET Family Name : KAUR Given Name(s) : GURDEEP Student ID : Course : Unit Code: COU101 Unit Name: Tutor : Assessment Number/Title : 1 Semester/Trimester and Year: Word Count: 1422
RUNNING HEAD: COU101 – Assessment 1 Introduction Counsellors who want to preserve the ideas and values necessary for ethical practice must carefully analyse and navigate ethical dilemmas, which are complex in nature. This activity assesses and critically react to two different ethical conundrums in a counselling situation. Every situation has a different set of circumstances, making it crucial to comprehend how a counsellor’s own values might affect the morality of the counselling relationship. Impact of Counsellor’s Personal Beliefs on the Ethical Nature of the Counselling Relationship The counsellor’s own convictions could affect how they handle the Dawson family's strong religious heritage. There may be a predisposition to empathise more or even to validate the family's religious customs if the counsellor holds comparable religious views ( Sheridan & Carr, 2020). In contrast, the counsellor may need to take care to make sure that their own opinions don't interfere with their capacity to offer objective counselling that respects the Dawsons' varied ideas and values. The counsellor’s association with Mr Dawson as a fellow committee member might result in prejudice and a conflict of interest. There may be a tendency to treat Mr Dawson favourably or suppress facts regarding the case if the counsellor has a good connection with him. If there are unfavourable emotions, this can affect the counsellor's impartiality and objectivity in helping the Dawson family ( Wißmann et al. 2019). In the second case, the counsellor’s personal beliefs may have a big impact on how honest the counselling relationship is. For example, if the counsellor subjectively thinks aged care facilities are the greatest choice for old people with little assistance, they may unwittingly skew their counselling style to favour of this course of action. In contrast, the counsellor could unwittingly incline in favour of Brian's reluctance to enter an elderly care facility if they truly appreciate each person's liberty and independence (Hamilton et al. 2022). Although it is an ethical idea to respect someone's autonomy but excessive adherence to this idea might also result in ignoring Brian's best interests, especially if an elderly care facility is actually the most suitable and advantageous alternative for his rehabilitation and well-being. The ethical integrity of the therapeutic interaction depends on finding a balance between respecting client autonomy and guaranteeing their welfare. Ethical Principles Relevant to the Scenario The ACA's Code of Ethics places a strong emphasis on upholding the autonomy of clients, which includes respecting and honouring their values, beliefs, and cultural background (AIFS, 2023). The Dawsons' religious views and their house rules must be understood and respected in
Assessment 1 order for the scenario to work. The counsellor must navigate each family member's particular set of beliefs and practices while upholding their individuality and dignity. The ACA places a strong emphasis on delivering services without bias. The counsellor in this situation must make sure they do not discriminate against the Dawson family because of their own biases or religious convictions. Professional Competence and Integrity place a strong emphasis on upholding both of these qualities. The counsellor should make sure they are prepared to deal with situations where there may be conflicts of interest, like the association with Mr Dawson as a fellow committee member. As stated specifically in Section 3442 of the Children and Young People Act 2008 (ACT), it is crucial to ensure the children's safety and welfare (AIFS, 2023). The Psychotherapy and Counselling Federation of Australia's (PACFA) Code of Ethics, which places an emphasis on values including autonomy, beneficence, non-maleficence, and informed consent, serves as a guidance for ethical behaviour in the second scenario (PACFA, 2023). Brian's need for autonomy highlights how vital it is to respect his freedom to choose his own care and living arrangements. Brian's autonomy is given top priority by the counsellor, who should also include him in the process of making decisions about his treatment. Beneficence to under Aged Care Act 1997 entails acting in Brian's best interests, putting his rehabilitation and well-being first (Australian Government Department of Health and Aged Care, 2023). Since non-maleficence places a strong emphasis on preventing harm, the counsellor must make sure that any choice she makes doesn't hurt Brian. In order for Brian to make an educated choice on his treatment, it is necessary to provide him with thorough and clear information about his alternatives. Relevant Reporting Issues Professionals, especially counsellors, are required to report child abuse in several jurisdictions. This implies that they are required by law to alert the proper authorities of any suspected or confirmed cases of child abuse or neglect. In this situation, the counsellor is compelled by law to report child abuse if they cause to believe that it has occurred. In addition to legal requirements, there is an ethical need to protect children's welfare ( Tener & Sigad, 2019). Counsellors are required to act in the child's best interest, even if it means violating confidentially, if they have learnt of or have caused to suspect abuse. Child wellbeing and safety are given first priority by child protection legislation above privacy issues. While protecting anonymity is important in counselling, it shouldn't take precedence over the need to keep a kid safe ( Wißmann et al. 2019). Counsellors frequently strikes a careful balance between maintaining client privacy and carrying out their reporting obligations. 1
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Assessment 1 The pertinent reporting matter in Brian's case has to do with confidentiality and requires reporting. Brian's privacy and the details spoken during the counselling session must be respected by the counsellor in accordance with the confidentiality principle. However, the circumstance raises questions about Brian's capacity to successfully care for himself because there is a possible risk to his wellbeing. The counsellor may have an ethical duty to violate confidentially and inform the proper authorities if they feel Brian is in danger as a result of his unwillingness to get the prescribed care (Lion et al. 2022). The counsellor’s responsibility to guarantee the client's welfare and safety would be the main cause of this violation. When there is an immediate risk to the client or others, ethical norms frequently permit the revelation of sensitive material. The therapist must balance in the client's best interests while adhering to ethical and legal requirements (Hardy et al. 2020). Resolution of Dilemma The counsellor goes through the precise moral principles and legal requirements contained in the pertinent codes of ethics (for example, PACFA, ACA) and local child protection statutes (AIFS, 2023). It is essential to comprehend the duties and the repercussions of neglecting to report child abuse. Counsellors should ask their supervisor, an ethical committee, or a colleague with knowledge in ethical decision-making for advice and consultation. Having a conversation about the moral conundrum and asking for opinions might offer insightful viewpoints on how to continue while preserving professional ethics. If there are valid reasons to believe that a child has been abused, as indicated by information from the counsellor's kid and worries about the Dawson family's rigid regulations, it is crucial to put the child's safety before everything else ( Sheridan & Carr, 2020). The counsellor should speak candidly and openly with Mr Dawson, stating their worries over the event that their kid allegedly committed. It's critical to approach this discussion empathically and without presumptions. The counsellor should take a cautious and compassionate approach to resolve the ethical conundrum in the second scenario. They should first have a lengthy conversation with Brian to learn his motivations for rejecting the suggested aged care facility. While attentively listening to his worries, wishes, and concerns, the counsellor should also advise him of the advantages and disadvantages of various possibilities, including the proposed care (Hardy et al. 2020). In order to uphold his legal and ethical commitments and put Brian's welfare first, the counsellor may need to report the situation to the appropriate authorities if there is an urgent and serious risk to his health or safety, involving possible harm or neglect (Lion et al. 2022). The counsellor must adhere 2
Assessment 1 to the moral standards of autonomy, beneficence, and non-maleficence in all decisions, working to find a solution that respects Brian's decisions while making sure his safety and well-being are properly handled. Conclusion In conclusion, this analysis explores the ethical principles present in the situations and seeks direction from accepted ethical norms in the industry. The concerns that may arise in these circumstances explains the causes of any actions or conclusions made regarding whether to report or not. Finally, discussions centre on possible courses of action that counsellors may take in order to successfully navigate and overcome the ethical conundrums that have been presented while upholding the core principles of ethical practice and professionalism in counselling. 3
Assessment 1 References AIFS, (2023). Australian legal definitions: When is a child in need of protection ? Retrieved from: https://aifs.gov.au/resources/resource-sheets/australian-legal-definitions-when-child- need-protection Australian Government Department of Health and Aged Care, (2023). Aged care laws in Australia . Retrieved from: https://www.health.gov.au/topics/aged-care/about-aged-care/aged-care- laws-in-australia Hamilton, M., Crawford, T., Thomson, C., Jeon, Y. H., & Bassett, K. (2022). New directions in centre based aged care in Australia: Responding to changing funding models and the COVID 19 pandemic. Australasian Journal on Ageing , 41 (3), 457-465. https://onlinelibrary.wiley.com/doi/pdf/10.1111/ajag.13081 Hardy, F., Hair, S. A., & Johnstone, E. (2020). Social work: Possibilities for practice in residential aged-care facilities. Australian Social Work , 73 (4), 449-461. https://www.tandfonline.com/doi/abs/10.1080/0312407X.2020.1778051 Lion, K. M., Moyle, W., Cations, M., Day, S., Pu, L., Murfield, J., ... & Giebel, C. (2022). How did the COVID-19 restrictions impact people living with dementia and their informal carers within community and residential aged care settings in Australia? A qualitative study. Journal of Family Nursing , 28 (3), 205-218. https://journals.sagepub.com/doi/pdf/10.1177/10748407221101638 PACFA, (2023). Code of Ethics. Retrieved from: https://pacfa.org.au/portal/Portal/Prac-Res/Code- of-Ethics.aspx Sheridan, G., & Carr, A. (2020). Survivors’ lived experiences of posttraumatic growth after institutional childhood abuse: An interpretative phenomenological analysis. Child Abuse & Neglect , 103 , 104430. https://www.sciencedirect.com/science/article/pii/S0145213420300855 Tener, D., & Sigad, L. (2019). “I felt like I was thrown into a deep well”: Educators coping with child sexual abuse disclosure. Children and Youth Services Review , 106 , 104465. https://www.sciencedirect.com/science/article/pii/S0190740919303706 Wißmann, H., Peters, M., & Müller, S. (2019). Physical or psychological child abuse and neglect: Experiences, reporting behaviour and positions toward mandatory reporting of paediatricians in Berlin, Germany. Child Abuse & Neglect , 98 , 104165. https://www.sciencedirect.com/science/article/pii/S0145213419303424 4
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