CHCLEG003 legal Q& Answers

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Holmesglen Institute of TAFE *

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CHCCCS015

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Management

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Apr 3, 2024

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docx

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https://aussiechildcarenetwork.com.au/forum/certificate-3-assignments/ hltwhs001-assessment-on-hazards-and-risks-5249 https://aussiechildcarenetwork.com.au/forum/certificate-3-assignments/ guiding-principles-of-the-nqf-framework-9037 https://www.assesmenthelp.com/blog/chcleg003-assessment-answers/ CHCLEG003 legal Managers - their overall responsibilities, including their legal and ethical responsibilities ● Business managers must implement policies in business decisions to ensure that everybody is treated fairly and equally – codes of practice ● identifying needs, Gathering information, consultation, drafting, implementation, review. ● The ethical responsibilities involve the following: Duty of care: It means a duty which is not to be done carelessly or in negligence by taking reasonable steps to avoid harm or any risk to an individual or not any risk which is done with any intentions. ● Ethical standards/framework – ensure followed, i.e. You cannot discriminate one person from another based on colour, religion, caste, money, language and many more. ● Code of Conduct: Everyone to work in the ethical framework ● Human Rights adherance ● Mandatory reporting ● Duty of care under OH&S  The manager has the responsibility to ensure workers follow the code of conduct  Governance and leadership  Complaints management and systems  Staff wellbeing/strategies/development Compliance managers

Compliance managers need to maintain knowledge of current and emerging legal requirements and ethical issues by reading relevant publications regularly, attending relevant conferences and seminars, and participating in online forums and discussion groups. In addition, keep up to date with developments in relevant legislation and case law and undertake this action regularly, i.e. at least once a week. 2a. Discuss how the following apply in the workplace and the responsibilities of managers in the development and monitoring of policies and procedures, including those related to: responsibilities of managers in the development and monitoring of policies and procedures, related to Children in the workplace and mandatory reporting Children in the workplace and mandatory reporting Mandatory reporters are expected to disclose the circumstances of the case that have led them to believe that a child has been abused or neglected. They may not have the responsibility of presenting evidence that violence or negligence has happened. Restrictive reporters meet the same requirements when deciding to make a story. Mandatory reporting is one of the various legal domains that mandate specified persons to disclose certain forms of child violence. The reporting duties addressed here are set out in the laws on child safety in each jurisdiction. They are the primary mode of reporting duty-mainly geared towards cases of various forms of violence and neglect by parents and guardians. 2b. Codes of conduct education services for instance outside school hours, to adhere to WHS Act 2011 - Rights of individuals to be treated with respect, -Rights of individuals to life, Ethical Policies liberty, and security - rights of individuals to have their religious and cultural acknowledged and respected s well as rights to privacy and confidentiality and recognition that human beings are social beings with social needs. A code of conduct is a set of rules and standards set by a company that instruct employees on how to behave in the workplace. These guides establish how employers expect team members to interact with clients, fellow staff members and company leadership. Under a code of conduct, all employees are held to the same standard of behaviour regardless of their position within the company and further Rights of individuals to be treated with respect, -Rights of individuals to life, Ethical Policies liberty, and security - rights of individuals to have their religious and cultural acknowledged and respected as well as rights to privacy and confidentiality and recognition that human beings are social beings with social needs. 2c. Codes of practice An approved code of practice applies to anyone who has a duty of care in the circumstances described in the code, i.e. mandatory reporting workplace to guide a range of matters, including; Duty of care; duty of care, hazard identification, risk assessment and risk control. In most cases, following an approved code of practice would achieve compliance with the health and safety duties in a jurisdiction’s WHS Act and Regulations. Like regulations, codes of practice deal with particular issues and do not cover all hazards or risks that may arise. Health and safety duties require you to consider all risks associated with work.

2d. Purpose of practice standards and identify the seven (7) Areas within NQS Standard 1.1 Program The educational program enhances each child's learning and development . Standard 1.2 Practice Educators facilitate and extend each child's learning and development. The purpose of practice standards is to ensure that professionals adhere to certain guidelines and procedures to maintain a high level of quality and consistency in their work and serve as a benchmark for evaluating performance. The National Quality Standard (NQS) is a key aspect of the National Quality Framework (NQF) in Australia. It applies to outside school-hours care services. The NQS includes seven quality areas that are important for children's learning and developmental outcomes. These seven areas are: 1. Educational program and practice focuses on ensuring that educational programs and practices are stimulating, engaging, and enhance children's learning and development. 2. Children's health and safety: This area emphasises the importance of promoting good health and safety practices to protect children from harm. 3. Physical environment focuses on ensuring that the physical environment is safe and suitable and provides a rich and diverse range of experiences that promote children's learning and development. 4. Staffing arrangements focus on the importance of having qualified and experienced staff who can develop warm, respectful relationships with children, create safe and predictable environments, and encourage children's active engagement in the learning program. 5. Relationships with children promote relationships with children that are responsive, and respectful, and promote children's sense of security and belonging. 6. Collaborative partnerships with families and communities to enhance children's learning and well- being. 7. Governance and leadership focuses on effective leadership and governance of the service to promote a positive organizational culture and a professional learning community. Each of these areas is interconnected and contributes to the quality of an early childhood education and care service. The NQS helps families make informed decisions about the services providing education and care to their child. The standards guide educators and service providers in delivering high-quality education and care. 2f. Complaints management in services, with examples of two (2) National regulations that stipulate this, and what actions an outside school hours care service is required to follow. Under the Education and Care Services National Regulations, an approved provider must ensure that policies and procedures are in place for dealing with complaints (Regulation 168) and take reasonable steps to ensure those policies and procedures are followed (Regulation 170). Australian Children’s Education & Care Quality Authority. (2014). ACECQA-Using Complaints to support continuous improvement. (2018). https://www.acecqa.gov.au/sites/default/files/2018-

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Australian Government Department of Education, Skills and Employment. Child Care Provider Handbook (2018) 2e. Continuing professional education It is a worker’s responsibility to identify any continuing professional development needs they have, i.e. skills, knowledge and know-how. This might include attending training or other ways of learning such as shadowing or observing another educator. A worker’s continuing professional development may be identified in their personal development plan or appraisal document and this ensures that they continue to be proficient and competent in their profession while also upskilling them with essential skills that could help deliver an excellent service for children's care. 2f. Duty of care Because the business offers its services to the clients directly, it works closely with them. To get positive feedback from the customers, the business must make sure the staff offer improved facilities and services. Due to the fact that the business interacts directly with the public, it depends on customer satisfaction to build consumer confidence and raise brand awareness. In exchange, the company must grant all of its employees' rights, however it may reserve the same rights for all employees. The company must give its employees equal opportunity and rights to meet their requirements in order to achieve the desired result. The chance for the business to deliver better facilities to its clients and receive favourable feedback is better when better facilities and rights are provided to the organization's employees. The company should put its human rights policy into practise and ensure that all of its employees are given equal rights regardless of where they are employed or in what department. The performance of the employees is a key factor in the organization's success, and those people will work harder when the management of the company guarantees their equal rights and chances responsibility is a legal, and many times, professional obligation, which is imposed on an individual manager or professional, requiring them to adhere to a standard of reasonable care while performing their duties and avoid any acts that could foreseeably harm others (organizations, societies, people, environment, etc.). Managers have a duty of care to ensure the safety and well-being of their employees. This means taking steps to prevent harm and providing a safe work environment. It also means being aware of any potential risks or hazards and taking steps to minimize them. Managers should also provide adequate training and support to employees to help them perform their duties safely and effectively. This also includes preventing discrimination and harassment and complying with regulations. By taking proactive measures and staying informed about their responsibilities, managers can help create a safe and ethical work environment for all employees . Discrimination and Harassment One of the most important legal obligations that managers must address is preventing discrimination and harassment in the workplace. This includes not only avoiding discriminatory behaviour themselves, but also taking steps to ensure that all employees are treated fairly and respectfully.

Managers should provide training on anti-discrimination policies, investigate any complaints of discrimination or harassment, and take appropriate disciplinary action if necessary. As a business owner, it is your responsibility to ensure that your company is compliant with all relevant laws and regulations. However, as your business grows, you cannot do this alone. Your managers and supervisors play a crucial role in ensuring compliance with legal obligations in the workplace. In this blog post, we will explore the role of managers in ensuring compliance with legal obligations. The company employs people of many racial and ethnic backgrounds from across the world. The organization's management must make sure that they choose candidates based only on merit while adhering to all applicable laws and ethical standards. Every employee of the company needs to be given equal opportunity, according to the HR department and management. The management team must ensure that every employee is treated equally at work and is shielded from being victimised by other workers on the basis of prejudice. To ensure that every employee is treated equally for the organisation, management must implement the policy and legal practise in the workplace. Employees and workers may also follow the same rules as they are imposed by management. To ensure that every employee has the chance to flourish in the company and that everyone has an equal opportunity for professional advancement, the organisation must develop a discrimination policy. When given an equal opportunity to succeed in their field of work, the organization's employees will work harder and in accordance with the anti-discrimination policy put in place at the company. The employees will also collaborate to accomplish shared objectives and goals, which will be advantageous for the organisation as a whole. The firm is currently dealing with an issue with workplace discrimination, and numerous incidences of prejudice have been discovered there. It is necessary to create a moral and legal discrimination policy, as well as to ensure that all staff members adhere to it and display compliance with it Liability and Vicarious Liability Senior managers, executives or officers of a business, also need to be aware of their own possible personal liability as well as the concept of vicarious liability. Personal liability means that managers can in serious circumstances be held personally responsible for any legal violations that they commit, while vicarious liability means that a company can be held responsible for the actions of its employees or senior managers, executives or officers of a business. It is important for managers to understand their own legal obligations and ensure that their employees are also aware of them, to prevent any legal violations. Ethics and Accountability In addition to legal obligations, managers also have ethical responsibilities to uphold. This includes treating employees fairly and respectfully, being transparent about business practices, and promoting a positive work culture. Managers should also be accountable for their actions and the actions of their employees, and take responsibility for any mistakes or wrongdoings. This helps to create a culture of accountability and trust within the workplace. Staying Informed

Managers need to stay informed about legal obligations, as laws and regulations can change over time. This can be done through attending training sessions or workshops, consulting with legal professionals, and regularly reviewing company policies and procedures. By staying informed, managers can ensure that their company remains compliant with legal obligations and prevents any potential legal issues or liabilities from arising. Ethics and Workplace Safety Senior managers, executives or officers of a business, Managers also play a crucial role in maintaining a safe and healthy work environment for their employees. This includes ensuring that all safety regulations and procedures are followed, providing appropriate training and equipment, and addressing any safety concerns or hazards. By prioritising workplace safety, managers can protect their employees from harm and prevent any potential legal liabilities. health and safety. 2h. Dignity of risk Dignity of risk refers to the legal right of every person, including those with a disability, to make choices and take risks in order to learn, grow and have a better quality of working life. The dignity of This concerns the rights of individuals, It's about respecting autonomy and self-determination, even if this means allowing individuals to make choices that might involve some level of risk. For example, as a child grows up, their parents give them more flexibility and freedom in how they play, even though there could be the risk of the child getting hurt. Policy Development : Managers should ensure that their organization's policies reflect the principle of dignity of risk. This means that policies should support individuals' rights to make their own decisions, even if those decisions involve some risk. Staff Training: Managers should ensure that all staff members are trained in the concept of dignity of risk and understand how to apply it in their work. This might involve providing training sessions or resources on the topic. Risk Assessment: While supporting the dignity of risk, managers also have a responsibility to ensure that risks are managed appropriately. This might involve conducting risk assessments to identify potential hazards and develop strategies to mitigate these risks. Advocacy: Managers may also have a role in advocating for the rights of individuals to exercise their dignity of risk. This could involve advocating on an individual level, such as supporting a client who wants to make a decision that involves some risk, or on a broader level, such as advocating for policy changes to support the dignity of risk.

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Legal and Ethical Compliance: Managers must ensure that the dignity of risk is balanced with legal and ethical obligations. This means ensuring that individuals' rights to make decisions are respected, but also that these decisions do not lead to harm or violate any laws or ethical standards. 2i Work role boundaries – practitioner/client boundaries and others Professional boundaries need to be observed to ensure that professional standards are maintained. It is very important to understand the professional boundaries of the educator role, like boundary violations, i.e. accepting gifts, doing special favours etc. All these actions are unethical and outside the bounds of professional care. Breaches of professional boundaries may include the following: ➢ developing strong feelings for the children ➢ spending more time with this child than others ➢ having very personal conversations with the child ➢ receiving calls at home from the child ➢ receiving gifts ➢ doing things for a client rather than enabling the client to do it for themselves ➢ physically inappropriately touching the child. 2j. Rights and responsibilities of workers, employers, and clients The rights and responsibilities of workers, employers, and clients can vary depending on the specific organization and industry. However, here are some general rights and responsibilities: Workers: Right to a safe and healthy work environment Right to fair wages and benefits Right to equal opportunities and non-discrimination Responsibility for following workplace policies and procedures Responsibility to perform their job duties to the best of their abilities Responsibility to report any workplace hazards or violations Employers: Responsibility to provide a safe and healthy work environment Responsibility to comply with employment laws and regulations Responsibility to provide fair wages and benefits

Responsibility to provide equal opportunities and non-discrimination Right to expect employees to follow workplace policies and procedures Right to expect employees to perform their job duties effectively Clients: Right to receive quality services and care Right to be treated with dignity and respect Right to privacy and confidentiality Responsibility to provide accurate information to service providers Responsibility to follow the rules and guidelines set by the service provider Responsibility for providing feedback and communicating any concerns or issues 2k. Discrimination 3a. Explain the Universal Declaration of Human Rights. What does the declaration state? i. Universal Declaration of Human Rights ii. relationship between human needs and human rights iii. frameworks, approaches, and instruments used in the workplace human rights have been the subject of the Universal Declaration of Human Rights, which has centred the world's attention on moral values expressed in nature and international law. We are considered rights inherent in all human beings and transcend religion, ethnic origin or geographical place. They are fundamental and inclusive in this way and should be accepted by all and opposed only by legal procedures. Ensure policies are in place for obtaining informed consent when necessary. Train employees on the importance and process of obtaining informed consent. Q.3b Explain the relationship between human needs and human rights. Discuss the responsibilities of a manager in relation to human rights and human needs. The relationship between human needs and human rights is closely intertwined. Human needs refer to the basic requirements for survival and well-being, such as food, water, shelter, healthcare, education, and employment. Human rights, refer to the essential entitlements and freedoms that

every individual is inherently entitled to, regardless of their race, gender, nationality, or any other characteristic. When human needs are not met, it can lead to violations of human rights. For instance, when individuals lack access to healthcare, it infringes upon their right to the highest attainable standard of health. When people are denied education, it hinders their right to education and limits their opportunities for personal and professional development. Q. 3c. Services or organisations can use the Guiding Principles on Business and Human Rights to ensure human rights are respected in the workplace. Explain the principles and give the steps that organisations can take to imbed human rights into their practice. The Guiding Principles on Business and Human Rights were developed by the United Nations Human Rights Council in 2011 to provide a framework for businesses to respect human rights in their operations. The principles are based on three factors that outline a duty to protect human rights, the corporate responsibility to respect human rights, and the need for greater access to remedies for victims of human rights abuses. To embed human rights into their practice, organisations can take the following steps -  Conduct a human rights impact assessment:  Develop a human rights policy  Identify and address any potential human rights risks associated with their operations  Provide training to employees on human rights  Engage with workers, local communities, and civil society organisations, to understand their concerns and perspectives on human rights issues. The Guiding Principles on Business and Human Rights were developed to help businesses and organizations respect human rights in the workplace. These principles provide a framework for businesses to ensure that they are not only meeting their legal obligations but also operating in a socially responsible way. The principles are based on three pillars: the state duty to protect human rights, the corporate responsibility to respect human rights, and the need for greater access to remedies for victims of human rights abuses. The first step that organizations can take to embed human rights into their practice is to conduct a human rights impact assessment. This involves identifying the potential impact of their operations on human rights and taking steps to prevent or mitigate any negative impacts. This can be achieved by engaging with stakeholders such as workers, local communities, and civil society organizations to understand their concerns and perspectives on human rights issues. The second step is to develop a human rights policy that is integrated into the organization's overall corporate strategy. The policy should be publicly available and communicated to all employees and stakeholders. This will help to ensure that everyone understands the organization's commitment to respecting human rights. The third step is to implement due diligence processes to identify and address any potential human rights risks associated with the organization's operations and supply chains. This can include conducting regular assessments, audits, and monitoring of suppliers and subcontractors. The goal of due diligence is to identify and address potential human rights risks before they become problems.

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The fourth step is to provide training and capacity-building to employees on human rights. This will help to ensure that employees have the skills and knowledge to identify and address potential human rights issues. This can also include training on the organization's human rights policy and procedures. The fifth step is to engage with stakeholders to understand their concerns and perspectives on human rights issues. This can include workers, local communities, and civil society organizations. Engaging with stakeholders can help organizations to identify potential human rights risks and to develop effective solutions to address them. The sixth step is to remediate any harm caused by the organization's operations. This can include providing compensation to victims of human rights abuses. Remediation is an important part of respecting human rights and can help to restore trust with stakeholders. Overall, embedding human rights into business practice requires a commitment to ongoing engagement with stakeholders, transparency, and a willingness to address potential human rights risks and impacts. The Guiding Principles on Business and Human Rights provide a useful framework for businesses to achieve this goal. By following these principles, organizations can ensure that they are operating in a socially responsible way that respects the human rights of all individuals involved in their operation Privacy and Disclosure Implement policies that protect personal and sensitive information. Train employees on these policies and monitor compliance, for instance –  Do not discuss client’s information in informal settings with people outside the organisation, such as friends or family  Do not discuss individual children and/or their cases in a public setting  Do not disclose personal information about a child to any third party without the service user’s informed consent.  File documents that contain personal client information appropriately and avoid leaving them in areas where they can be seen by other people.  If you need to release a client’s personal information or disclose information about them to another party, you need to seek the ‘informed consent’ of the client. The main examples of personal information are name, signature, address, telephone number, date of birth, medical records, bank account details, commentary or opinion about a person Records Management  Implement policies for the proper creation, storage, retrieval, and disposal of records.  Ensure compliance with these policies and relevant legislation. Rights and Responsibilities of Workers, Employers, and Clients

 Clearly define and communicate the rights and responsibilities of all parties.  Ensure these rights are respected and responsibilities are fulfilled. Industrial Relations Legislation and Requirements  Understand and comply with relevant industrial relations laws and regulations.  Develop policies that align with these requirements. Specific Requirements in the Area of Work  Understand and comply with specific legal and regulatory requirements in the organization's field of work.  Develop and enforce policies that ensure compliance. Work Role Boundaries  Clearly define the responsibilities and limitations of different roles.  Ensure employees understand and respect these boundaries. Work Health and Safety  Develop and enforce policies that promote a safe and healthy work environment.  Regularly review and update these policies to ensure ongoing effectiveness. In conclusion, managers have a significant role in policy development and monitoring, ensuring that the organization operates ethically, legally, and effectively. Information Dissemination on Job Roles and Legal Responsibilities Information about job roles and legal responsibilities can be disseminated to workers through various methods:  Meetings and Briefings : Regular team meetings or briefings can be used to communicate job roles and legal responsibilities.  Training Sessions : These are often used to educate employees about their legal responsibilities.  Emails and Memos : Written communication can provide detailed information and can be referred back to when needed.  Company Handbook : This often contains information about job roles and legal responsibilities.  Intranet or Company Website : These platforms can host a wealth of information for employees to access at any time. Remember, it's crucial to understand your job role and legal responsibilities to ensure you're working within the law and company guidelines. Complaints Management Managing complaints from employees is an integral part of being an employer. It is also something that most business owners struggle with. Friction will inevitably occur, no matter what size or industry an enterprise falls within. Dealing with employee complaints involves a delicate sense of diplomacy and, for the employer, the need to divorce themselves from the

emotion of the situation. While relatively straightforward, putting this in practice can prove to be quite challenging. But having the right system in place will prevent addressing complaints from getting too arduous. Employees who wish to lodge a complaint against their employers have a few options. The option that is often explored first involves going through the organisation’s human resources department. Q5e. The Department of Education (the department) is the Regulatory Authority for Victoria and is responsible for: granting provider and service approvals carrying out the quality assessment and rating process ensuring education and care services meet the requirements of the National Law and National Regulations. Duty of Care The company's goal is to create a safe and healthy working environment for both its clients and its staff. In order to ensure that both customers and employees are never bothered by a danger or hazard at work, the business must provide a better and safe environment for both groups of people since customers and employees contact with each other directly. To manage the employees and customers and give them a safe environment, the business must implement the duty of care at the workplace. The management of the business will understand the value of providing a safe and healthy environment for the employees thanks to the application of duty of care. Because the success of the business directly depends on customer feedback, the company will undoubtedly give its employees a workplace that is free from risks and hazards in order to keep customers happy and to improve how things are done at work. Informed Consent Informed consent is a person’s decision, given voluntarily, to agree to a healthcare treatment, procedure or other intervention that is made:Following the provision of accurate and relevant information about the healthcare intervention and alternative options available; and With adequate knowledge and understanding of the benefits and material risks of the proposed intervention relevant to the person who would be having the treatment, procedure or other intervention. Mandatory reporting is the legal requirement for certain professional groups to report a

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reasonable belief of child physical or sexual abuse to child protection authorities. All staff have a responsibility to recognise and respond to safety, welfare or wellbeing concerns for children and young people and inform their principal or workplace manager. It mainly relates to children but can also relate to adults if the person involved is living in a residential service. Mandatory reporting is when the law requires you to report known or suspected cases of abuse and neglect. It mainly relates to children but can also relate to adults if the person involved is living in a residential service. l. practice standards Practice Standards are the “how-to” of the discipline or clinical specialty. They include clinical policy statements, standards of practice, standard operating procedures, clinical practice protocols, and clinical procedures. Policy statements clarify scope and authority related to a specific activity by defining who can do what activity, with what level of supervision, and when. Policy may be stated at multiple levels. For instance, a state board of nursing may define the role of nurses in medication administration by saying which practitioners can dispense medications and what aspects of the medication process can be delegated. This statement may be refined and clarified at the institutional level in a policy on medication administration. m. practitioner/client boundaries Practitioner/client boundaries need to be observed to ensure that professional standards are maintained. Practitioner/client boundaries do not mean the avoidance of another person and their problems. Acting professionally assists you to deliver care to someone whom you may not like personally. Once this professional relationship has been lost, there is then potential for the worker to become over-involved with the client and potentially violate the client's rights. policy frameworks The employment of policy frameworks in the workplace helps to establish an environment where everyone may work in safety, respect, and efficiency. They may contain a range of regulations intended to guarantee the fair and courteous treatment of workers as well as the safety of the workplace. These policy frameworks are monitored and developed by managers. They have to make sure that everyone in the company is aware of the rules and following them. They must also make sure that all staff members are informed of any policy changes. They must also take the initiative to develop and enforce policies that are suitable for the workplace. Additionally, managers are responsible for ensuring that any complaints, disputes, or other issues that emerge at work are

resolved promptly and appropriately. Additionally, they must be receptive to employee criticism of the policies and prepared to modify or improve them in response. Managers therefore need to be knowledgeable about any legal requirements that might be relevant to their place of employment and make sure that the policies adhere to those requirements and listen to employee feedback and adjust as necessary. The purpose of record management is to ensure that business activity records of evidential quality are created, managed and disposed of in accordance with legal requirements. Ultimately, Records Management ensures that institutional records of vital historical, fiscal, and legal value are identified and preserved, and that non-essential records are discarded in a timely manner according to established guidelines and identified legislation. q. rights and responsibilities of workers, employers and clients Maintaining a balance between the risks and obligations of the employees and the clients you are working with is crucial. You should think about all the ways you won't endanger or injure anyone else. You must ensure a secure working environment for your co-workers, clients, and the company where you are employed. This is referred to as "dignity of danger." It is crucial to strike this balance and select options that preserve clients' rights and enable them to take ownership of their decisions and actions. The work environment, systems of work, machinery and equipment are safe and properly maintained. information, training, instruction and supervision are provided. adequate workplace facilities are available for workers. any accommodation you provide to your workers is safe. industrial relations legislation and requirements relevant to organization Legislation and regulations are often incorporated into policy, procedures and guidelines which assist you in meeting your legal responsibilities and obligations. These policies, procedures and guidelines come under the law but are considered itself not as a law. At the work, worker should work according to the relevant policies, procedures related to the standards,legislations and organisational requirements that direct our work and responsibilities. It is also important that we understand the necessity to clarify any uncertainties with appropriate personnel.

specific requirements in the area of work, including:  key practices that are prohibited by law  auditing and inspection regimes  main consequences of non-compliance  need to apply for licences and associated mandatory training and certification requirements  statutory reporting requirements  business insurances required including public liability and workers compensation  accreditation requirements  requirements to develop and implement plans, policies, codes of conduct or incorporate certain workplace practices work role boundaries – responsibilities and limitations of different people A person who performs work in any capacity for a company, employer, or "person operating a business undertaking" is referred to as a worker. They include:  as a worker  a trainee, apprentice or work experience student  a volunteer  an outworker  a contractor or sub-contractor  an employee of a contractor or sub-contractor  an employee of a labour hire company. When working, an employee must:  take appropriate precautions for their own health and safety.  regard others' health and safety with reasonable care.  obey all reasonable directives, rules, and regulations issued by their employer, the company, or the workplace's supervisor. u. work health and safety

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work health and safety Workplace health and safety (WHS) entails controlling threats to everyone's health and safety, including:  customers  workers  visitors  suppliers You have a legal obligation as an employee to fulfil your part in promoting workplace safety. Regardless of whether a person has a disability, they are all covered by this work health and safety rule. You must behave properly, take care of others as well as yourself, and engage with your employer to address workplace health and safety issues. Workplace health and safety regulations vary by industry. Be informed of the workplace health and safety laws in your State or Territory and discuss expectations at work with your employer The Universal Declaration of Human Rights sets out the basic rights and freedoms that apply to all people. The ideas of human rights and basic human needs are closely connected. Human rights are rights that apply for every person because they are a human and can be seen as rights to the fulfilment of, or ability to fulfil, basic human needs. These needs provide the grounding for human rights. In the workplace, the supervisor has the duty to ensure everyone rights are protected and respected. Everyone is equally entitled to human rights without any discrimination. 1. When formatting policies and procedures in the childcare industry, it's important to follow certain conventions to ensure clarity, consistency, and compliance with regulations. Here are some steps to follow: 2. Purpose Statement : Begin with a statement that outlines the purpose of the policy or procedure. This provides context and helps readers understand why the policy or procedure is necessary.

3. Scope : Define who the policy or procedure applies to. This could be all staff, specific roles, or even parents and children. 4. Policy Statement : Clearly state the policy. This should be a concise, straightforward statement of what is expected or required. 5. Procedure : Outline the steps to be taken to implement the policy. This should be a detailed, step-by-step guide that leaves no room for interpretation. 6. Roles and Responsibilities : Define who is responsible for implementing the policy or procedure. This could be a specific role (e.g., "Childcare Director") or a group (e.g., "All Staff"). 7. Review Date : Include a date for when the policy or procedure will be reviewed. This ensures that your policies and procedures stay up-to-date and relevant. 8. References : Cite any relevant legislation, regulations, or standards that the policy or procedure is based on. This shows that your policies and procedures are compliant with industry standards. 9. Approval : Include a section for approval by the appropriate authority (e.g., the director of the childcare center). This gives the policy or procedure official status. 10. Format : Use clear, simple language and consistent formatting throughout. This includes using the same font, headings, and layout in all your policies and procedures. Remember, it's important to involve all stakeholders in the creation and review of policies and procedures, including staff, parents, and where appropriate, children. This ensures that everyone understands and agrees with the policies and procedures, and helps to ensure compliance. Title and Date: Each policy and procedure should have a clear title and date of creation or last update. This helps in identifying the document and tracking changes over time. 7c’s

1Compliance with law and regulations 2Correctness relates to accurate facts and grammatically correct 3Clarity about how information is articulated for easier understanding 4Control oversees the effectiveness of the procedure 5Completeness ensures all information is outlined 6Consistency is about adherence to standards and layout, 7Context outlines processes and employee responsibilities Q.7a Fair Work Australia the Fair Work Commission (FWC) is to manage and implement workplace relations laws, including the Fair Work Act 2009. The FWC is an independent statutory body that operates at a national level and has jurisdiction over various employment matters. The key roles and responsibilities of the Fair Work Commission some include: Industrial Relations, Dispute Resolution, Industrial Action, Termination of Employment, Award Compliance, and Research and Compliance. 1. Industrial Relations : The FWC is responsible for setting and adjusting minimum wages and modern awards, which are industry-specific employment standards. It also deals with matters related to enterprise agreements, including their approval, variation, and termination. 2. Dispute Resolution : The FWC provides a platform for resolving workplace disputes through conciliation, mediation, and arbitration. It aims to facilitate fair and efficient resolution of disputes between employers and employees, including matters related to unfair dismissal, general protections, and workplace bullying. 3. , : The FWC regulates industrial action, including strikes and lockouts, by ensuring compliance with legal requirements and facilitating negotiations between parties to resolve disputes. 4. Termination of Employment : The FWC deals with applications for unfair dismissal claims, providing a forum for employees who believe they have been unfairly dismissed to seek remedies and compensation. 5. General Protections : The FWC handles claims related to breaches of general protections provisions, such as discrimination, adverse action, and workplace rights. 6. Award Compliance : The FWC monitors and enforces compliance with modern awards and enterprise agreements, ensuring that employees receive their entitlements and employers meet their obligations. 7. Research and Education : The FWC conducts research and provides education and information to promote understanding of workplace relations laws and practices.

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It is important to note that while the Fair Work Commission operates at a national level, its decisions and rulings apply to workplaces in Victoria and across Australia. The FWC plays a significant role in maintaining fair and balanced workplace relations, protecting the rights of employees, and promoting productive and harmonious workplaces. In Victoria, Australia, the purpose of the Competition and Consumer Act 2010 (formerly known as the Trade Practices Act 1974) is to promote fair competition, protect consumers, and ensure the efficient functioning of markets. The Act is a federal legislation that applies across all states and territories, including Victoria. The key purposes of the Competition and Consumer Act 2010 include: 1. Promoting Competition : The Act aims to encourage and maintain competition in the marketplace. It prohibits anti-competitive conduct such as cartels, price-fixing, and abuse of market power. This promotes fair competition, which benefits consumers by providing them with a wider choice of goods and services at competitive prices. 2. Protecting Consumers : The Act seeks to protect consumers from unfair practices and ensure they have access to accurate information and fair treatment in their dealings with businesses. It prohibits misleading and deceptive conduct, false representations, and unfair contract terms. It also establishes consumer guarantees for goods and services, giving consumers rights to remedies if products or services are faulty or do not meet certain standards. In Victoria, Australia, the role of consumer protection law is to safeguard the rights and interests of consumers in their interactions with businesses. Consumer protection laws aim to ensure fair and transparent practices, prevent deceptive or misleading conduct, and provide remedies for consumers in case of disputes or breaches of their rights. The key role of consumer protection law in Victoria includes: 1. Regulating Business Conduct : Consumer protection laws set standards and regulations for businesses to follow in their dealings with consumers. These laws cover various aspects such as advertising and marketing practices, pricing, product safety, warranties, and consumer guarantees. They establish rules to prevent unfair or deceptive practices and ensure businesses provide accurate information and fair treatment to consumers. 2. Consumer Rights and Remedies : Consumer protection laws in Victoria outline the rights and entitlements of consumers. These rights include the right to receive goods or services of acceptable quality, the right to accurate information, the right to a refund or replacement for faulty products, and protection a the role of consumer protection law is to protect the rights and interests of consumers in their relations with businesses. Consumer protection laws aim to ensure fair and transparent practices, prevent deceptive or misleading conduct, and provide solutions for consumers in case of disputes or breaches of their rights. Child Safe Environment Policy: This policy ensures that the childcare center provides a safe and secure environment for children. It includes procedures for regular safety checks, maintenance of equipment, and supervision of children. Health and Hygiene Policy: This policy outlines the procedures for maintaining cleanliness and preventing the spread of diseases. It includes handwashing procedures, cleaning schedules, and guidelines for food preparation.

Emergency and Evacuation Policy: This policy outlines the procedures to be followed in case of emergencies. It includes evacuation plans, emergency contact information, and staff training requirements. Inclusion and Equity Policy: This policy ensures that all children, regardless of their background or abilities, have equal access to the services provided by the childcare center. It includes procedures for accommodating children with special needs and promoting cultural diversity. Q.7 Identify ten (10) key policies and procedures that cover the internal work practices and external service delivery requirements. 1) Child Protection Policy 2) Confidentiality and Privacy Policy 3) Complaints and Grievances Policy 4) Staff Recruitment and Professional Development Policy 5) Health and Hygiene Policy 6) Emergency and Evacuation Policy 7) Duty of Care 8) Mandatory Reporting 9) Records Management 10) Codes of Practice Q.7d Public liability and worker’s compensation requirements for Australian businesses. Public liability insurance and workers' compensation insurance protect both the business and its employees in the event of an accident or injury. Public liability insurance provides handling for a business in the event of a third party making a claim against it for personal injury or property damage. Workers' compensation insurance provides financial support for medical expenses, rehabilitation costs, and lost wages for employees who are injured or become ill due to work-related activities. Public liability and workers' compensation insurance are essential types of insurance that all Australian businesses must have in order to protect both the business and its employees in the event of an accident or injury. Failure to have adequate coverage can result in financial loss and legal consequences. Business owners should research the specific requirements for insurance in their industry and location and ensure they have the appropriate coverage to protect themselves and their employees. Q.7 e In Victoria, Australia, the auditing and inspection process for childcare services to be compliant is overseen by the Australian Children's Education and Care Quality Authority (ACECQA) and the Department of Education and Training (DET). The process includes - Self-Assessment and Quality Improvement Plan, Notification of Assessment and Rating, Assessment and Rating Visit, the Regulatory Authority will provide the service with a draft report, a final report and rating and the rating will be published on the ACECQA and the Regulatory Authority's websites.

Self-Assessment and Quality Improvement Plan (QIP): Childcare services are required to conduct a self-assessment against the National Quality Standard (NQS) and develop a Quality Improvement Plan. The QIP should identify areas for improvement and include strategies to address those areas. Notification of Assessment and Rating: The Regulatory Authority (DET in Victoria) will notify the service of the upcoming assessment and rating visit. The service must provide the Authority with their QIP and any additional information requested. Assessment and Rating Visit: An authorised officer from the Regulatory Authority will visit the service to assess and rate its performance against the NQS. The visit is typically unannounced. Draft Report: After the visit, the Regulatory Authority will provide the service with a draft report. The service has an opportunity to provide feedback on the draft report and evidence to support their feedback. Final Report and Rating: The Regulatory Authority will consider the service's feedback, make any necessary changes to the report, and issue a final report and rating. The rating will be published on the ACECQA and the Regulatory Authority's websites. Q.7f There are statutory reporting requirements that you must abide by when managing legal and ethical compliance. Explain the reporting requirements that approved providers have. Approved providers have quite a few statutory reporting requirements to ensure legal and ethical compliance. Some of these include but is not limited to the following –  Notification of Serious Incidents  Notification of Serious Incidents  Quality Improvement Plan (QIP)  Record Keeping 1. Notification of Serious Incidents: Providers must notify the regulatory authority of any serious incidents at the service within 24 hours of the incident. Serious incidents include any event where the health, safety, or wellbeing of a child at the service has been compromised. 2. Notification of Complaints: Providers must notify the regulatory authority of any complaints that allege a breach of the Law or Regulations, or that allege that the health, safety, or wellbeing of a child at the service was or is being compromised. 3. Notification of Changes: Providers must notify the regulatory authority of any changes to the operation of the service, such as changes to the approved provider, nominated supervisor, or service premises. 4. Quality Improvement Plan (QIP): Providers must prepare a QIP within 3 months of operation and review and revise it annually. The QIP should document the service's self- assessment of the quality of its practices against the National Quality Standard and the National Regulations.

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5. Record Keeping: Providers must keep records relating to staff, children, and administrative matters. These records must be kept in a way that allows the regulatory authority to access them. 6. Enrolment Records: Providers must keep an enrolment record for each child, which includes details such as the child's full name, date of birth, address, parent's contact details, emergency contact details, and any court orders relating to the child. 7. Attendance Records: Providers must keep daily records of the attendance of children at the service, including the full name of each child, the time the child arrives and leaves, and the name of the person who delivers and collects the child. These are just some of the key reporting requirements. It's important for providers to familiarize themselves with all the requirements under the Law and Regulations to ensure full compliance Q.7g How can you help to fulfil your accreditation and certification requirements? Why are accreditations important? Educators could take up continuous professional development to stay updated with the latest teaching methods, curriculum changes, and child development theories and also maintain accurate documentation of children's development and learning and health records and contribute to QIP by reflecting on their practices and suggesting improvements. Quality Improvement Plan (QIP): Each service must have a QIP that outlines their strengths and areas for improvement. Educators can contribute to this by reflecting on their practices and suggesting improvements. Health and Safety: Educators should ensure they are following all health and safety guidelines, including maintaining a clean and safe environment, following proper food handling procedures, and implementing safety drills. Partnerships with Families and Communities: Educators should build strong relationships with families and the community. This can include regular communication with parents, involving families in decision-making, and connecting with local community resources. Inclusive Practices: Educators should ensure they are providing an inclusive environment that respects diversity and promotes equality. This includes using inclusive language, providing materials that reflect diverse cultures and abilities, and adapting activities to meet the needs of all children. Educational Program and Practice: Educators should deliver a program that is based on an approved learning framework, is responsive to children's interests and needs, and promotes each child's learning and development.

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Formal Letter Reports Newsletters Presentations Emails Q.9 Why it is important to communicate policies and procedures clearly and implement them promptly? Assessment Rating

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CHCLEG003 legal Q& Answers

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