CHCLEG001 Student Assessment Booklet V1.0.v1.0

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Student Name:

Ramandeep Kaur Gill

STUDENT
ASSESSMENT BOOKLET
CHC33021 C ERTIFICATE III IN
I NDIVIDUAL S UPPORT
CHCLEG001 WORK LEGALLY AND ETHICALLY
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Table of Contents

Assessment Overview...........................................................................................................................................
Assessment Task Summary........................................................................................................................ 5
Assessment Documents........................................................................................................................................
Required Additional Documents.................................................................................................................. 5
Assessment Task Cover Sheet.................................................................................................................... 5
The Assessment Process and Your Rights...........................................................................................................
Submitting your Assessment Tasks............................................................................................................. 6
Assessment Attempts and Resubmissions.................................................................................................. 6
Assessment Outcomes................................................................................................................................ 6
Assessment Outcome Summary................................................................................................................. 6
Plagiarism, Cheating and Collusion............................................................................................................. 7
Assessment Appeals................................................................................................................................... 7
Reasonable Adjustment............................................................................................................................... 7
Information about Assessment..............................................................................................................................
Dimensions of Competency......................................................................................................................... 8
Principles of Assessment and Rules of Evidence........................................................................................8
Principles of Assessment............................................................................................................................. 8
Rules of Evidence........................................................................................................................................ 9
Glossary of Instructional Task Words.......................................................................................................... 9
Assessment Plan.................................................................................................................................................
Assessment Task Cover Sheet – Assessment Task 1........................................................................................
Assessment Task 1: Knowledge Questions........................................................................................................
Assessment Checklist: Assessment Task 1....................................................................................23
Assessment Task Cover Sheet – Assessment Task 2........................................................................................
Assessment Task 2: Case Studies......................................................................................................................
Assessment Checklist: Assessment Task 2....................................................................................36
Assessment Task Cover Sheet – Assessment Task 3........................................................................................
Assessment Task 3: Legal and Ethical Responsibilities at Banksia Care............................................................
Part A: Identify Workplace Improvements............................................................................................. 41
Assessment Checklist: Part A......................................................................................................... 43
Part B: Discuss Workplace Improvements............................................................................................ 45
Assessment Checklist: Part B......................................................................................................... 46
Assessment Outcome Summary.........................................................................................................................
Assessment Outcome Summary Table: CHCLEG001 Work legally and ethically...............................................

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Assessment Overview

This Student Assessment Booklet includes all your assessment tasks for CHCLEG001 Work legally and
ethically.

Assessment Task Summary


This unit requires you to complete three assessment tasks. You must satisfactorily complete all tasks to
achieve competency for this unit.

Required Additional Documents


The following additional documents support this Student Assessment Booklet and form part of the
assessment tool for this unit. You will require them to complete the assessments for this unit/cluster.
 Banksia Care supporting documents (accessible from the Banksia Care website):
– Privacy and Confidentiality Policy and Procedure
– Duty of Care Policy and Procedure
– Incident, Injury, Trauma and Illness Policy and Procedure
– Code of Ethics
– Code of Conduct Policy and Procedure
– Workplace Health and Safety Policy and Procedure
– Safety and Risk Management Policy and Procedure
– Record Keeping Policy and Procedure.

Assessment Task Cover Sheet


At the beginning of each task in this booklet, you will find an Assessment Task Cover Sheet. Please fill it in
for each task where you need to submit items for assessment, making sure you sign the student declaration.
Your assessor will give you feedback about how well you went in each task and will write this on the back of
the Task Cover Sheet.

Submitting your Assessment Tasks


When you have completed your assessment tasks, you will need to submit them, according to the
instructions provided to you by your assessor or RTO.
If you are provided with a due date, you must make sure you submit your tasks in accordance with it. You
may be required to apply for an extension if you require extra time, according to your RTO’s policies and
procedures.
Instructions about submission can be found at the beginning of each assessment task.
Make sure you keep a copy of your tasks before you submit them. Your RTO will need to keep them as
evidence and may not be able to return them to you.

Assessment Attempts and Resubmissions


You have up to three attempts to complete each assessment tasks satisfactorily. If after the third attempt,
you have not completed a task satisfactorily, your assessor will make alternative arrangements for
assessment, which may involve additional training and time to consolidate your skills and knowledge. When
you are required to resubmit, you may be required to:

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 Resubmit incorrect answers to questions (such as written tasks and case studies)
 Resubmit part or all of a project, depending on how the error impacts on the total outcome of the task
 Redo a role play after being provided with appropriate feedback about your original performance
 Being observed a second (or third time) undertaking any tasks/activities that were not satisfactorily
completed the first time, after being provided with appropriate feedback
When you are required to resubmit, you’ll be given a due date for your resubmission. For example, you may:
 Be given 30 days in which to resubmit incorrect responses to written tasks, projects and so on
 Be provided with feedback about your performance in a role play and then being required to complete
the role play again at a future meeting with your assessor
 Need to complete workplace-based tasks again during the same workplace visit or additional workplace
observations may need to be scheduled (as applicable)
All re-submissions will be conducted in accordance with the RTO’s policies and procedures.

Assessment Outcomes
Each assessment task will be given an outcome of either Satisfactory (S) or Not Satisfactory (NS). You must
complete all tasks satisfactorily to achieve an overall outcome of Competent (C) for a unit. If one or more of
tasks are assessed as Not Satisfactory, you will be given an outcome for the unit of Not Yet Competent
(NYC).
You will be given a total of three attempts to complete each task and achieve a Satisfactory outcome. In the
case of resubmission, you will be given a date by which you will need to resubmit, and you’ll be given
feedback about what needs to be addressed in your resubmission.

Assessment Outcome Summary


The Assessment Outcome Summary records the task and overall unit results for the unit of competency
named herein. The results for each attempt at each task must be recorded in the Assessment Outcome
Summary.
Once you have attempted all assessment tasks, you assessor must enter a result for the unit in the Unit
Results box. You must achieve a Satisfactory outcome for all assessment tasks that are relevant to a unit to
be marked as Competent for the unit. Where you have attempted all tasks, but one or more tasks have an
outcome of Not Satisfactory, you assessor must record a result of Not Yet Competent in the Unit Results
box.

Plagiarism, Cheating and Collusion


Plagiarism, cheating and collusion on assessments is not acceptable. Any incidence of this is considered
academic misconduct. The definitions of each of these are below.
 Cheating – seeking to obtain an unfair advantage in the assessment of any piece of work.
 Plagiarism – to take and use the ideas and/or expressions and/or wording of another person or
organisation and passing them off as your own by failing to give appropriate acknowledgement. This
includes material from any sources such as staff, students, texts, resources and the internet, whether
published or unpublished.
 Collusion – unauthorised collaboration between students.
Where your assessor believes there has been an incident of academic misconduct involving plagiarism,
cheating, and/or collusion, this will be addressed in line with the RTO’s policies and procedures which may
ultimately lead to your withdrawal or you needing to complete the whole unit again.

Assessment Appeals
If you don’t agree with an assessment decision made, you have the right to appeal it. You may need to lodge
your request for an appeal within a certain amount of time from the original decision being made. You will

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need to make your appeal in writing and follow your RTO’s process for appeals. Refer to your Student
Handbook for more information about our appeals process.

Reasonable Adjustment
A legislative and regulatory framework underpins and supports the delivery of vocational education and
training across Australia. Under this framework, providers of vocational education and training must take
steps to ensure that students with recognised disabilities have the same learning opportunities and same
opportunities to perform and complete assessments as students without disabilities. Sometimes reasonable
adjustments are made to the learning environment, training delivery, learning resources and/or assessment
tasks to accommodate the particular needs of a student with a disability. An adjustment is reasonable if it can
accommodate the student’s particular needs while also taking into account factors such as:
 The views of the student
 The potential effect of the adjustment on the student and others
 The costs and benefits of making the adjustment
RTOs are obliged by law to provide reasonable adjustments where required to ensure maximum participation
of students with a disability.
Making reasonable adjustments requires the RTO to balance the need for change with the expense or effort
involved in making this change. If an adjustment requires a disproportionately high expenditure or disruption
it is not likely to be reasonable.[1][1]
Please discuss with your assessor if you believe a reasonable adjustment to an assessment task, method or
process needs to be made on the basis of disability.

[1][1]
Source: Innovation & Business Skills Australia. (2015). BSB business services training package: implementation guide. Retrieved from
https://vetnet.gov.au/Public%20Documents/BSBv1.2%20Business%20Services%20Implementation%20Guide.pdf.

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Information about Assessment

Dimensions of Competency
To be competent, you must show your ability to perform effectively in a broad capacity. The dimensions of
competency ensure the person being assessed has the skills to perform competently in a variety of different
circumstances. To be competent, you must demonstrate the following:
 Task Skills: The skills needed to perform a task at an acceptable level. They include knowledge and
practical skills, and these are usually described in the performance criteria.
 Task Management Skills: These are skills in organising and coordinating, which are needed to be able to
work competently while managing a number of tasks or activities within a job.
 Contingency Skills: The skills needed to respond and react appropriately to unexpected problems,
changes in routine and breakdowns while also performing competently.
 Job Role/Environment Skills: The skills needed to perform as expected in a particular job, position,
location and with others. These skills may be described in the range of variables and underpinning skills
and knowledge.

Principles of Assessment and Rules of Evidence


Assessment must be conducted in accordance with the rules of evidence and principles of assessment
(definitions from the Users’ Guide: Standards for Registered Training Organisations (RTOs) 2015).
The following are the definitions of the Principles of Assessment and Rules of Evidence.

Principles of Assessment
 Validity
‘An assessment decision of the RTO is justified, based on the evidence of performance of the individual
learner.’
Validity requires:
– Assessment against the unit/s of competency and the associated assessment requirements covers
the broad range of skills and knowledge that are essential to competent performance
– Assessment of knowledge and skills is integrated with their practical application
– Assessment to be based on evidence that demonstrates that a learner could demonstrate these
skills and knowledge in other similar situations; and
– Judgement of competence is based on evidence of learner performance that is aligned to the unit/s
of competency and associated assessment requirements.
 Reliability
‘Evidence presented for assessment is consistently interpreted and assessment results are comparable
irrespective of the assessor conducting the assessment.’
 Flexibility
‘Assessment is flexible to the individual learner by:
– Reflecting the learner’s needs
– Assessing competencies held by the learner no matter how or where they have been acquired
– Drawing from a range of assessment methods and using those that are appropriate to the context,
the unit of competency and associated assessment requirements, and the individual.’
 Fairness
‘The individual learner’s needs are considered in the assessment process.

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‘Where appropriate, reasonable adjustments are applied by the RTO to take into account the individual
learner’s needs.
‘The RTO informs the learner about the assessment process and provides the learner with the
opportunity to challenge the result of the assessment and be reassessed if necessary.’

Rules of Evidence
 Validity
‘The assessor is assured that the learner has the skills, knowledge and attributes as described in the
module or unit of competency and associated assessment requirements.’
 Sufficiency
‘The assessor is assured that the quality, quantity and relevance of the assessment evidence enables a
judgement to be made of a learner’s competency.’
 Currency
‘The assessor is assured that the assessment evidence demonstrates current competency. This requires
the assessment evidence to be from the present or the very recent past.’
 Authenticity
‘The assessor is assured that the evidence presented for assessment is the learner’s own work.’

Glossary of Instructional Task Words


Your assessment tasks use a range of instructional words throughout them – such as ‘compare’ and ‘list.
These words will guide you as to the level of detail you must provide in your answers. Some questions will
also tell you how many answers you need to give – for example, ‘Describe three strategies…’. Use the
below glossary to guide you on interpreting the words in the tasks.
 Define – This means you should explain the meaning or interpretation of a term or concept in your own
words, including any qualities which are essential to understanding.
 Describe – This means you should outline the most noticeable qualities or features of an idea, topic or
the focus of the question.
 Discuss – This means you must point out the important issues or features, key points, possible
interpretations, and debate through argument. You should provide reasons for and against.
 Explain – This means you need to make something clear or show your understanding by describing it or
providing information about it. You will need to make clear how or why something happened or is the
way it is.
 Identify – You must recognise something and indicate who or what the required information is. The
length of the answer should be guided by what you are being asked to identify.
 List – You must record short pieces of information in a list form – with one or two words, or sentences on
each line.
 Outline – You must give a brief description of the main facts or sequence of events about something.
The length of the response should be guided by what you are required to outline. As long as you include
the main facts or points, then that’s enough.
 Summarise – You must express the most important facts or points about something in short and concise
form.

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Assessment Plan

The following outlines the assessment requirements for this unit. You are required to complete all
assessment requirements outlined below to achieve competency for this unit.
Your assessor will provide you with the due dates for each assessment task. Write them in the table below.

Assessment Tasks Due Date

1. Assessment Task 1: Knowledge Questions

2. Assessment Task 2: Case Studies

3. Assessment Task 3: Legal and Ethical Responsibilities at Banksia Care

AGREEMENT BY THE STUDENT

Read through the assessments in this booklet before you fill out and sign the agreement below. Make sure
you sign this before you start any of your assessments.

Have you read and understood what is required of you in terms of assessment?  x Yes  No

Have you read and understood the RTO’s policies and procedures related to  x Yes  No
reassessment?

Do you understand the requirements of this assessment?  x Yes  No

Do you agree to the way in which you are being assessed?  x Yes  No

Do you have any special needs or considerations that must be made in preparation  Yes  x No
for this assessment? If yes, what are they?
__________________________________________________________________

Do you understand your rights to appeal the decisions regarding assessment?  x Yes  No

Student Name: _ Ramandeep Kaur Gill


_________________________________________________

Student Signature: _ Ramandeep Kaur Gill


______________________________________________ Date: __23-04-2024_____________

Assessor Name: _________________________________________________

Assessor Signature: ______________________________________________ Date: __23-04-


2024_____________

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Assessment Task Cover Sheet – Assessment Task 1

Students: Please fill out this cover sheet clearly and accurately. Make sure you have kept a copy of your
work.

Name: Ramandeep Kaur Gill

Date of submission: 23-04-2024

Unit: CHCLEG001 Work legally and ethically

No. of Pages in
52
Submission:

Assessor to complete

Is this a
Satisfactory/ reassessment?
Assessment Task Number & Title Not satisfactory Date Y/N

Assessment Task 1: Knowledge Questions

STUDENT DECLARATION
I ___Ramandeep Kaur Gill_______________________________________________ declare that these
tasks are my own work.
þ None of this work has been completed by any other person.
þ I have not cheated or plagiarised the work or colluded with any other student/s in the completion of this
work.
þ I have correctly referenced all resources and reference texts throughout these assessment tasks.
þ I understand that if I am found to be in breach of the RTO’s policies, disciplinary action may be taken
against me.

Student Signature: ____Ramandeep Kaur Gill___________________________________________


Date: 23-04-2024_______________

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ASSESSOR FEEDBACK
Assessors: Please return this cover sheet to the student with assessment results and feedback.
A copy must be supplied to the office and kept in the student’s file with the evidence.

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

Assessor Signature: _____________________________________________________________________

Assessor Name: ________________________________________________________________________

Date: _______________

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Assessment Task 1: Knowledge Questions

The following assessment tasks use a simulated aged care facility called Banksia
Care. To complete the assessment tasks, students will need to access information,
templates, policies and procedures associated with Banksia. These documents can be
accessed on Banksia’s intranet (accessible via the website). To access, head to
http://banksia.eduworks.com.au/, navigate to the staff intranet and enter your RTO’s
username and password prior to completing your assessment tasks.

In this task, you will demonstrate your knowledge by answering a series of


questions that relate to this unit of competency.
You must answer all questions correctly to achieve a satisfactory outcome for this
TASK SUMMARY task.

RESOURCES AND
EQUIPMENT  Access to a computer.
REQUIRED  You may use your learning materials as a reference if required.

WHERE AND
WHEN THIS TASK  You must complete this task in your own time or at a time allocated by your
WILL BE trainer/assessor.
COMPLETED  Your assessor will provide you with the due date for this assessment task.

You need to answer all questions correctly to be marked Satisfactory for this task. If
WHAT HAPPENS IF
you answer any questions incorrectly you will need to resubmit your answers to
YOU GET
those questions again. Your assessor will provide you with a due date by which you
SOMETHING must resubmit your new responses. You have up to three attempts to achieve a
WRONG? Satisfactory outcome.

SUBMISSION
REQUIREMENTS  Your answers for each question.

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 Answer all questions below by indicating your response to each question in the
space provided.
 You may use your learning materials as reference if required.
TASK  You must answer all questions and their parts correctly to achieve a
INSTRUCTIONS Satisfactory outcome for this task.

QUESTION 1
Explain the purpose of the Australian Privacy Principles.

The Australian Privacy Principles are principles-based law. This gives an organisation or agency flexibility
to tailor their personal information handling practices to their business models and the diverse needs of
individuals. They are also technology neutral, which allows them to adapt to changing technologies.

QUESTION 2
a) In your own words, summarise the term ‘confidentiality’ and explain how it impacts your work in
community services.

Confidentiality refers to the obligation to keep private and sensitive information secure and
undisclosed. In the context of working with clients living with dementia, confidentiality impacts work in
several ways. It necessitates the protection of personal and medical information of the clients, which
should only be shared with authorized personnel for the purpose of providing care. Breaching
confidentiality can lead to legal consequences and damage the trust between the caregiver and the
client.

b) As a part of your work, you will be dealing with confidential client records. Outline three procedures for
quality record management.

Identifying

Classifying

Storing

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QUESTION 3
Provide an example to explain how informed consent impacts your role and how it applies in community
services.

For support workers and care organisations, informed consent is a critical responsibility. It ensures that:
 Clients understand the services they will receive, the potential benefits and risks, and their rights.
 The organisation respects the autonomy and decision-making capacity of its clients.
Failure to obtain informed consent can lead to legal and ethical issues
As a support worker, to apply informed consent, you must:
1. Provide Information: Explain the service, procedure, or treatment in a way the client can
understand. Include potential benefits, risks, and alternatives.
2. Ensure Understanding: Check that the client understands the information. Use open-ended
questions or ask them to explain it back to you.
3. Obtain Consent: Ask the client to make a decision and document their consent. Consent can be
withdrawn at any time, and this should be communicated to the client.

QUESTION 4
Provide two examples of duty of disclosure that apply to people working in community services.

Reporting Suspected Abuse or Neglect

Disclosing Potential Harm to Self or Others

QUESTION 5
a) Explain the difference between a code of conduct and a code of practice.

A Code of Ethics governs decision-making, and a Code of Conduct govern actions. They both
represent two common ways that companies self-regulate

b) List two codes of practice that a health and community services worker would work under.

be accountable by making sure you can answer for your actions or omissions; safeguarding the
interests of those in your care

promote and uphold the privacy, dignity, rights, health and wellbeing of people who use health and
care services and their carers at all times

c) Explain how codes of practice are applied in the workplace and how they impact people working in
community services.

Model Codes of Practice are practical guides to achieving the standards of health and safety required
under the model WHS Act and Regulations. An approved code of practice applies to anyone who has
a duty of care in the circumstances described in the code. 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

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Regulations.

QUESTION 6
a) Explain the Universal Declaration of Human Rights.

It declares that human rights are universal – to be enjoyed by all people, no matter who they are or
where they live. The Universal Declaration includes civil and political rights, like the right to life, liberty,
free speech and privacy.

b) Explain the relationship between human needs and human rights.

The ideas of human rights and basic human needs are closely connected. Human rights – rights that
apply for every person because they are a human – can be seen as rights to the fulfilment of, or ability
to fulfil, basic human needs. These needs provide the grounding for human rights.

c) List four examples of holistic human needs.

physical health

relationships

Competence

Autonomy

QUESTION 7
The Australian Human Rights Commission outline a legal and policy framework. Access the link
https://humanrights.gov.au/our-work/8-legal-and-policy-framework.
a) Describe the international legal framework and what it protects.

b) The Convention on the Rights of Persons with Disabilities (CRPD) sets out the rights of people
with disability generally and in respect of employment.[25] In particular, article 27 of the CRPD
protects the right to work for people with disability. This includes:
 The right to work on an equal basis to others;
 The right to just and favourable conditions of work, including equal opportunities and equal
remuneration for work of equal value, safe and healthy working conditions; and
 The right to effective access to general technical and vocational training.

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c) Identify and briefly describe the two regulatory acts that workplaces must adhere to under our domestic
legal framework for human rights.

Disability Discrimination Act 1992 (Cth) (DDA)


The Disability Discrimination Act 1992 (Cth) makes it against the law to discriminate against someone
on the basis of their disability.
Discrimination includes direct and indirect discrimination. [34]
Direct discrimination involves treating a person with disability less favourably than a person without
disability in the same or similar circumstances.
Indirect discrimination occurs when there is a rule or policy that is the same for everyone but has an
unfair effect on people with a particular disability.

The Fair Work Act 2009 (Cth)


The Fair Work Act 2009 (Cth) (FWA) provides that an employer must not take adverse action against
an employee or prospective employee because of disability (or any other protected attribute, such
as race, sex, age). Adverse action includes such things as dismissing an employee, altering an
employee’s position to their detriment or refusing to employ a prospective employee.

d) Provide two examples of how community services ensure human rights legislation is implemented.

- developing human rights strategies in the organisation

- defining appropriate responsibilities

QUESTION 8

Scenario
Rachel is an individual support worker at Banksia Care. A casual staff member, James, has been
harassing Rachel. He knows of her from high school and has become far too familiar with her in the
workplace. He has made comments about her weight and the quality of her work. James acts
professionally around other staff members and the supervisor. He is trying hard to gain full-time
permanent employment. However, when Rachel mentions that she is studying to further her career,
James told her that if she wants to achieve anything in life, she needs to take more care of her physical
appearance.

a) Identify two regulatory acts and/or policies that are being breached in the scenario.

Workplace Harassment and Bullying Policy: This policy is designed to protect employees from any
form of harassment or bullying in the workplace. James' behavior towards Rachel, including
making derogatory comments about her weight and the quality of her work, constitutes
harassment and bullying. This is a clear violation of this policy.

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Equal Employment Opportunity Act (EEOA): This act prohibits discrimination in the workplace
based on various factors, including gender, race, religion, age, and physical appearance. James'
comment about Rachel needing to take more care of her physical appearance if she wants to
achieve anything in life can be seen as a form of discrimination based on physical appearance.
This is a violation of the EEOA.

b) Use the Good practice guidelines for internal complaint processes (humanrights.gov.au) to describe an
effective complaints management process that Rachel could follow if she wanted to formally lodge a
complaint. Provide a step-by-step process.

Rachel can follow the Good Practice Guidelines for Internal Complaint Processes to address the
harassment she is experiencing at work. Here is a step-by-step process:
1. Identify the Issue Rachel should clearly identify the issue she is facing. This includes the
nature of the harassment, the person involved, and the impact it has on her.
2. Document the Incidents Rachel should keep a record of all incidents involving James. This
includes dates, times, locations, what was said or done, and any witnesses present.
3. Review the Workplace Policy Rachel should review Banksia Care's workplace policy on
harassment and complaints procedure. This will provide her with an understanding of her
rights and the steps she needs to take.
4. Lodge a Formal Complaint Rachel should lodge a formal complaint with her supervisor or
the appropriate person as per the workplace policy. The complaint should be in writing and
include all the details of the incidents and any supporting evidence.
5. Cooperate with the Investigation Once the complaint is lodged, an investigation will likely
take place. Rachel should cooperate fully with this process, providing any additional
information as required.
6. Seek Support Rachel should seek support from trusted colleagues, friends, or family. She
may also consider seeking professional support, such as counselling or legal advice.
7. Follow Up If Rachel does not receive a response within a reasonable time, she should follow
up with the person she lodged the complaint with. If she is not satisfied with the outcome, she
may consider escalating the complaint to a higher authority or an external body.

QUESTION 9
In the following table, briefly describe each of the legal and ethical considerations, their importance for the
community services sector and a possible consequence for a breach of each.

Legal and ethical Description Importance for Consequence of breach


consideration community services

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a) Standards of These are guidelines that
practice outline the expected
conduct and level of care
from professionals. They ensure quality and Breaching these
consistency of care, standards can lead to
promoting trust and disciplinary action, loss of
confidence in the service. license, or legal action.

b) Duty of care

This is a legal obligation to


Breach can result in
provide a standard of It's crucial in preventing
negligence claims, harm
reasonable care while harm to clients and
to clients, and damage to
performing any acts that maintaining a safe
the organization's
could foreseeably harm environment.
reputation.
others.

c) Dignity of risk

This involves identifying It's essential for Failure to properly identify


potential hazards and maintaining a safe and assess risks can lead
assessing the risks they environment for both to accidents, injuries, and
pose. clients and staff. potential legal action.

d) Work role
boundaries
They prevent role
These are the limits that Crossing these
confusion, protect clients
define the responsibilities boundaries can lead to
from exploitation, and
and actions of a job loss, legal issues, and
maintain professional
professional role. harm to clients.
relationships.

e) Working with Guidelines to work with Essential for maintaining a Breaching can lead to
children children professionally and safe environment for the disciplinary action,
empathetically children and their parents. children can get hurt.

QUESTION 10

Scenario
Theo comes into work excited. He announces, ‘I have officially completed my Diploma of Community

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Services. I never have to read or study again!’

Reflecting and improving is an important part of any work practice. Explain why Theo is incorrect in the
above scenario.

Theo’s excitement about completing his Diploma of Community Services is understandable. However, his
belief that he will never have to learn anything new again is not entirely accurate.
In today's rapidly evolving world, continuous learning is crucial for personal and professional growth.
This is especially true in the field of community services, where new methods, policies, and challenges
emerge regularly.
Theo will need to keep updating his knowledge and skills to stay relevant and effective in his job. This
could involve informal learning, such as reading up on new research, attending workshops or seminars, or
learning from his colleagues and clients.

QUESTION 11

Scenario
Harry is working at Banksia Care supporting independent living. He has been visiting Arthur for daily
support with bathing and dressing. Arthur has a son who visits him in the evenings on his way home from
work.
Arthur has started to give Harry small presents, but more recently offered to pay for a season ticket to the
football, as they both follow the same team.

Explain what Harry needs to consider before accepting this gift.

Harry should consider several factors before accepting the gift from Arnold. These factors are based on
ethical guidelines and professional boundaries that are crucial in a care setting.
1. Organizational Policy
Most organizations have policies regarding the acceptance of gifts from clients. Harry should review these
policies to ensure he is not violating any rules.
2. Professional Boundaries
Accepting gifts, especially of significant value, can blur the professional boundaries between a caregiver
and a client. Harry should consider whether accepting the gift could affect his professional relationship
with Arnold.
3. Perception of Favoritism
If other clients or colleagues become aware of the gift, they may perceive it as favoritism. This could
potentially harm Harry's relationships with other clients and colleagues.
4. Client's Financial Situation
Harry should consider Arnold's financial situation. If Arnold is in a vulnerable financial position, it would not
be ethical for Harry to accept the gift.
5. Emotional Manipulation
Harry should also consider whether the gift is a form of emotional manipulation. Arnold may be trying to
secure preferential treatment or create a personal relationship beyond the professional one.
6. Legal Implications
In some jurisdictions, accepting gifts from clients can have legal implications, especially if the client is
considered vulnerable.

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QUESTION 12

Scenario
One morning, Harry is assisting Arthur to dress and notices a large bruise on his back. When Harry asks
about it, Arthur becomes agitated and tries to change the subject. He later says that he had a small fall
yesterday after a visit from his son. The following week, Harry notices some bruising around Arthur’s
jawline as he is assisting him with shaving. Again, Arthur tries to distract Harry and begins talking about
the upcoming football game.

A) Identify Harry’s legal responsibility in this situation.

Harry should investigate about the bruises along the jawline and the back. Harry should report this
incident to the management to provide future incidents.

B) Define SIRS and the obligations it sets out for aged care.

The Serious Incident Response Scheme (SIRS) sets requirements for providers of aged care services
to manage and take reasonable action to prevent incidents. It focuses on older people's:
 safety
 health
 wellbeing
 quality of life.
Under the SIRS, providers must have an incident management system in place. An effective system
will help to:
 identify, manage, and resolve incidents that happen during the delivery of care and services to
older people
 prevent future incidents.

QUESTION 13
Explain industrial relations and outline the legislation that governs industrial relations.

Industrial relations (IR) is the management of work-related obligations and entitlements between
employers and their workers. It is essential that business owners and workers understand whether their
workplace is covered by either the state or national industrial relations system, because the two systems
have different employment rights and obligations.
All South Australian private sector businesses (including the non-government community services sector,
private schools and universities) are covered by the Commonwealth Fair Work Act 2009 and are part of
the national IR system.
The national IR system includes pay and employment conditions for private sector employers.

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QUESTION 14
a) Describe the purpose of workplace policies and procedures and what they should include.

Workplace policies often reinforce and clarify standard operating procedure in a workplace. Well
written policies help employers manage staff more effectively by clearly defining acceptable and
unacceptable behaviour in the workplace, and set out the implications of not complying with those
policies. The policy should clearly tell the audience why it exists, who it affects, major conditions and
restrictions, when and under what circumstances it applies, and how it should be executed.

b) Describe processes for how policies and procedures should be reviewed. Include consultation in your
response.

c) To review and consult on the effectiveness of workplace policies, procedures, and protocols, the
following process is typically followed:
1. Identify the need for review: Determine the trigger for the review, such as changes in
legislation, incidents, or organizational changes.
2. Establish a review team: Form a team of individuals with relevant expertise and knowledge
to conduct the review. This may include representatives from different departments or
stakeholders.
3. Gather information: Collect all relevant policies, procedures, and protocols that need to be
reviewed. This may involve conducting interviews, surveys, or reviewing documentation.
4. Analyze current practices: Evaluate the existing policies, procedures, and protocols against
industry best practices, legal requirements, and organizational goals. Identify any gaps,
inconsistencies, or areas for improvement.
5. Consult with stakeholders: Engage with employees, managers, and other stakeholders to
gather their feedback and insights on the effectiveness of the policies, procedures, and
protocols. This can be done through meetings, focus groups, or online platforms.
6. Identify areas for improvement: Based on the analysis and stakeholder feedback, identify
specific areas where policies, procedures, or protocols need to be revised, updated, or
developed.
7. Develop recommendations: Formulate recommendations for changes or improvements to
the policies, procedures, and protocols. These recommendations should be practical, feasible,
and aligned with the organization's objectives.
8. Present findings and recommendations: Prepare a report or presentation summarizing the
review findings, including strengths, weaknesses, and proposed changes. Present this
information to relevant stakeholders, such as senior management or a review committee.
9. Implement changes: Once the recommendations are approved, implement the necessary
changes to the policies, procedures, and protocols. This may involve updating documentation,
communicating changes to employees, and providing training if required.
10. Monitor and evaluate: Continuously monitor the effectiveness of the revised policies,
procedures, and protocols. Collect feedback from employees and stakeholders to assess if
the changes have addressed the identified issues and improved workplace practices.

QUESTION 15
Employers and employees have differing responsibilities under the Work Health and Safety Legislation.
a) List four responsibilities of employers.

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make the workplace safe.

prevent risks to health.

make sure that plant and machinery is safe to use.

make sure safe working practices are set up and followed.

b) List three responsibilities of employees.

keep your work area free of hazards

make sure your employer has provided you with induction, training and instructions so you feel safe doing the
work being asked of you

follow all reasonable (safe) directions by your supervisor

c) Name the Health and Safety Authority from your jurisdiction.

The Occupational Health and Safety Act 2004 (OH&S Act)

QUESTION 16
The Australian Government is committed to align regulation across the care and support sectors. Research
initiatives and programs in www.health.gov.au and answer the following questions.
a) Explain the purpose of the government’s initiative.

he Australian Government committed to align regulation to improve quality and safety for participants
and consumers and remove unnecessary duplication of obligations for service providers and workers
to work more seamlessly across different types of care.

b) List three planned outcomes for participants and consumers.

Treating with dignity and respect

Patients know about the ongoing treatment process which helps them to get the care and services
they need for health

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The organisation undertakes initial and ongoing assessment and planning for care and services in
partnership with the consumer.

c) List four planned outcomes for providers and workers.

building a consumer focused and integrated primary health care system;

Keeping the workers safe in the organisation

System management, policy development and equality in the workplace

Reducing workplace harassment

ASSESSMENT CHECKLIST: ASSESSMENT TASK 1 Attempt 1 Attempt 2 Attempt 3

Did the student demonstrate the Date: Date: Date:

required level of competence for


each of the following points? Comments Yes No Yes No Yes No

Did the student answer all written


questions correctly in line with the
decision-making rules provided in the
Marking Guide?

If ‘no’ to the above, have arrangements


been made for re-assessment?

Where any items above are marked ‘No’, outline the gaps below. Ensure feedback is provided to the student on their
Assessment Task Cover Sheet. Note actions that will be taken to correct the gaps.

Comments: What did you observe? Are there any gaps? What did the student do to demonstrate competence?

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Please outline any reasonable adjustments made for this task here.

Assessment Task 1 Outcomes

Attempt Date Outcome Assessor Name Assessor Signature

Attempt 1 Satisfactory

Not Satisfactory

Attempt 2 Satisfactory

Not Satisfactory

Attempt 3 Satisfactory

Not Satisfactory

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Assessment Task Cover Sheet – Assessment Task 2

Students: Please fill out this cover sheet clearly and accurately. Make sure you have kept a copy of your
work.

Name: Ramandeep Kaur Gill

Date of submission: 23-04-2024

Unit: CHCLEG001 Work legally and ethically

No. of Pages in
52
Submission:

Assessor to complete

Is this a
Satisfactory/ reassessment?
Assessment Task Number & Title Not satisfactory Date Y/N

Assessment Task 2: Case Studies

STUDENT DECLARATION
I __Ramandeep Kaur Gill________________________________________________ declare that these
tasks are my own work.
þ None of this work has been completed by any other person.
þ I have not cheated or plagiarised the work or colluded with any other student/s in the completion of this
work.
þ I have correctly referenced all resources and reference texts throughout these assessment tasks.
þ I understand that if I am found to be in breach of the RTO’s policies, disciplinary action may be taken
against me.

Student Signature: ___Ramandeep Kaur Gill____________________________________________


Date: _23-04-2024______________

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ASSESSOR FEEDBACK
Assessors: Please return this cover sheet to the student with assessment results and feedback.
A copy must be supplied to the office and kept in the student’s file with the evidence.

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

Assessor Signature: _____________________________________________________________________

Assessor Name: ________________________________________________________________________

Date: _______________

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Assessment Task 2: Case Studies

TASK SUMMARY Read the six case studies below and then answer the questions that follow.

 Access to a computer.
 Supporting documents (accessible from the Banksia Care website):
– Privacy and Confidentiality Policy and Procedure
RESOURCES AND – Duty of Care Policy and Procedure
EQUIPMENT
– Incident, Injury, Trauma and Illness Policy and Procedure
REQUIRED
– Code of Ethics
– Code of Conduct Policy and Procedure
– Workplace Health and Safety Policy and Procedure
– Safety and Risk Management Policy and Procedure
– Record Keeping Policy and Procedure.
 You may use your learning materials as a reference if required.

WHERE AND
WHEN THIS TASK  You must complete this task in your own time or at a time allocated by your
WILL BE trainer/assessor.
COMPLETED  Your assessor will provide you with the due date for this assessment task.

If this task is marked as Not Satisfactory (N/S), your assessor will provide you with
feedback about which parts of the task were deemed unsatisfactory or insufficient.
WHAT HAPPENS IF
You may need to submit the whole task again or only the parts of the task that were
YOU GET
deemed unsatisfactory – your assessor will advise you. Your assessor will provide
SOMETHING you with a due date by which you must resubmit. You have up to three attempts to
WRONG? achieve a Satisfactory outcome.

SUBMISSION
REQUIREMENTS  Your answers to all the questions for each case study.

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 For this task, begin by reading the case studies and then provide detailed
answers to the questions that follow.
TASK  You must answer all questions and their parts correctly to achieve a
INSTRUCTIONS Satisfactory outcome for this task.

CASE STUDY 1

Naomi and Jim


Naomi and Jim talked about ageing and death long before either of them reached old age. They both
agreed that they did not want medical intervention to be kept alive and that they would like to refuse
treatment when they no longer had quality of life.
When Jim entered Banksia Care’s residential facility, he specified his wish which was recorded on his file.
His wife had 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 declined. He no longer knew his wife and suffered pain and discomfort.
He suffered many chest infections.
After one particularly bad chest infection Naomi spoke to Dr Reid, Jim’s doctor, and said that she no
longer wanted his chest infections to be treated with antibiotics. Dr Reid knew Jim’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.
Susan, a contract personal care worker, was heard to say in the staff room, ‘I can’t believe the doctor
didn’t give Jim antibiotics. He would have been alive now if he had. That’s malpractice! His wife had
probably just had enough of him. I will report the doctor for malpractice and breach of duty of care to Jim. ’

QUESTION 1.1
Outline how Susan breached ethical and legal requirements of her role.

Susan, as a contract support worker, has certain ethical and legal obligations towards her patients and
their families. In this case, she has breached several of these obligations.
Ethical Breaches
1. Respect for Autonomy: Jim and his wife Naomi had clearly expressed their wishes regarding
end-of-life care. Susan's comments show a lack of respect for their autonomy and decision-
making rights.
2. Confidentiality: Discussing a patient's medical condition and treatment in a public space like the
staff room is a breach of confidentiality.
3. Professionalism: Making assumptions and passing judgment about Naomi's motives is
unprofessional and disrespectful.
Legal Breaches
1. Defamation: Susan's comments about Naomi and Dr. Reid could be considered defamatory, as
they could harm their reputations.
2. Breach of Privacy: Discussing a patient's health condition in a public space is a breach of privacy
laws.
3. False Accusations: Accusing Dr. Reid of malpractice and breach of duty of care without
substantial evidence could be considered a false accusation.

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QUESTION 1.2
Describe a consequence if Jim had been given the antibiotics against the instructions of Naomi.

If Jim had been given the antibiotics against the instructions of Naomi, there could be several potential
consequences. These consequences can be categorized into health-related, legal, and ethical
consequences.
Health-Related Consequences
 Antibiotic Resistance: Overuse or misuse of antibiotics can lead to antibiotic resistance. This is a
serious global health problem where the bacteria become resistant to the antibiotics designed to
kill them.
 Adverse Reactions: Antibiotics can cause side effects ranging from mild to severe, such as
allergic reactions. Administering antibiotics without proper guidance can increase the risk of these
adverse reactions.
Legal Consequences
 Legal Liability: If Jim experiences adverse health effects as a result of the unauthorized
administration of antibiotics, he could potentially sue for damages. This could result in significant
legal and financial consequences.
 Professional Sanctions: The healthcare professional who administered the antibiotics could face
sanctions from their professional licensing board, including the loss of their license to practice.
Ethical Consequences
 Violation of Autonomy: Administering medication against a patient's wishes or without their
informed consent is a violation of their autonomy and is considered unethical.
 Loss of Trust: Such actions can lead to a loss of trust in the healthcare system, which can have
far-reaching implications for patient care and public health.

QUESTION 1.3
Imagine that Susan has been your co-worker for more than two years and she has always demonstrated
excellent work ethic. You assume Susan did not know about the power of attorney and that is why she is
determined to report the doctor. Dr Reid has been Jim’s doctor for the past 30 years.
Write a short account of what you would tell your manager or supervisor about the situation. Ensure you
respect confidentiality and privacy of information.

In this situation, it's crucial to respect the confidentiality and privacy of all parties involved. Here's a short
account of what I would tell my manager or supervisor about the situation:
"I would like to bring to your attention a situation that occurred in the staff room. Without revealing any
names or specific details, a co-worker expressed concern about a patient's treatment. They believe that
the patient's doctor may have committed malpractice and breached their duty of care. This co-worker is
considering reporting the doctor.
I believe this co-worker may not be fully aware of all the facts of the case, such as the patient's power of
attorney. However, I felt it was important to inform you about this situation due to the serious nature of the
allegations being made.
I want to stress that I am not making any judgments or assumptions about the validity of these concerns.
My intention is to ensure that any potential issues are addressed appropriately and that our workplace
maintains a high standard of care and professionalism."

CASE STUDY 2

Maria and Marcus

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Maria and Marcus work at Banksia Care. Marcus has been pre-occupied lately and it is starting to show in
his work. He is short with the clients and really lost his cool when two of the clients were arguing at lunch
time. Maria has also noticed that he seems distant. Yesterday Keith was getting very frustrated when he
couldn’t do up his buttons – normally Marcus is very good with Keith and takes time to talk to him and
reduce his frustration levels but yesterday Marcus just walked out of the room and told Keith to get Maria
to help him.
Maria asks Marcus if he is okay and if he would like to talk. Marcus decides to confide in Maria but makes
her promise not to tell anyone what he is sharing. He has been charged with assault following a pub brawl
which resulted in the other person being knocked unconscious. He has spoken to a lawyer who has
advised that it will go to court, but it may be some time before his case is heard – probably more than 12
months. Marcus insists it wasn’t his fault saying, ‘The other guy was being an absolute idiot in the pub and
pushed me until I lost my temper and hit him.’
Marcus is feeling anxious about what will happen when the court date arrives. He is also worried about his
keeping his job. He knows he should declare the charges to his supervisor, but he is sure that he will not
be allowed to continue at work due to the seriousness of the charges. He needs the job so he will be able
to show in court that his is gainfully employed and can pay for his legal costs.
Maria gives him a hug and feels terrible for Marcus. Marcus tells her that he is taking a week’s leave to
sort things out and that Maria must keep it a secret. Maria knows that professionally she should not keep
this kind of information to herself. It all seems very unfair!

QUESTION 2.1
Is there a legal issue in this case study? Explain your answer.

Yes, there are several legal issues in this case study.


1. Assault Charges Against Marcus: Marcus has been charged with assault, which is a serious
criminal offense. This is a legal issue that will be handled by the court system.
2. Confidentiality and Duty to Report: Maria, as a professional, may have a duty to report certain
information to her superiors or to authorities. This could potentially include Marcus's assault
charges, especially if they could impact his ability to perform his job or pose a risk to clients.
3. Employment Law: Marcus's concern about losing his job due to the charges is another legal
issue. Employment laws vary, but in many places, employers cannot fire employees simply
because they have been charged with a crime. However, if the charges impact the employee's
ability to do their job or create a risk for others, termination may be legal.
Explanation
Assault Charges
Marcus's assault charges are a clear legal issue. The outcome of his case will depend on the specific laws
in his jurisdiction, the evidence presented, and the decision of the court.
Confidentiality and Duty to Report
Maria's professional obligations may require her to report Marcus's charges. This depends on her
profession's code of ethics and any relevant laws. If she is required to report and fails to do so, she could
face professional consequences.
Employment Law
Marcus's job security is a complex legal issue. If he is fired solely because of the charges, he may have a
wrongful termination claim. However, if his behavior at work is negatively affected by his personal issues
(as seems to be the case), his employer may have grounds for termination.

QUESTION 2.2
Identify and explain the ethical issue in this case study.

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The ethical issue in this case study revolves around the conflict between Maria's professional obligations
and her personal loyalty to Marcus.
1. Confidentiality vs. Duty to Report: Marcus has confided in Maria about a serious legal issue
that could potentially impact his ability to perform his job effectively. He has asked her to keep this
information confidential. However, as a professional, Maria has a duty to report any issues that
could affect the quality of care provided to their clients.
2. Professional Integrity vs. Personal Loyalty: Maria is torn between her personal loyalty to
Marcus and her professional responsibility to maintain the integrity of their workplace. She is
aware that keeping Marcus's secret could potentially harm their clients and the reputation of
Banksia Care.

QUESTION 2.3
Describe what Maria should do.

In Maria's position, it's important to understand that Marcus's behavior could be a result of personal
issues, stress, or burnout. Working in respite care can be emotionally draining and it's crucial to approach
the situation with empathy and understanding.
Steps to Take
1. Private Conversation: Maria should have a private conversation with Marcus. She should
express her concerns about his recent behavior and its impact on their clients. It's important to
approach this conversation with empathy and without judgment.
2. Offer Support: If Marcus opens up about his problems, Maria should offer her support. This could
be in the form of listening, offering advice, or helping him find professional help if needed.
3. Involve Supervisors: If Marcus's behavior continues to negatively impact their clients and he
doesn't respond to Maria's attempts to help, she may need to involve their supervisors. This
should be done in a respectful and confidential manner.

QUESTION 2.4
Write a short account of what Maria should tell her supervisor when she notices Marcus’ behaviour at work
deteriorating.

Hi, I'm writing to you because I'm concerned about Marcus's behavior at work. He seems to pre-occupied
lately and which is reflecting in his work. He was also short with clients and lost his temper, when two
clients were arguing during lunch time. He also seemed to be distant. I asked Marcus if he wanted to talk
and he told me that he has been charged with assault following a pub brawl, during which the other
person got unconscious. He had a world with lawyer who has advised him to go to court.but it may be
some time before his case is heard – probably more than 12 months. Marcus insists it wasn’t his fault
saying, ‘The other guy was being an absolute idiot in the pub and pushed me until I lost my temper and hit
him.’ Marcus is feeling anxious about what will happen when the court date arrives. He is also worried
about his keeping his job. Because of which he is not disclosing this information. Because of his fear of
losing his job, he is not telling you about the case. Keeping this information with me will be unfair for the
other employees of the organisation,
Kindly look into this matter.

CASE STUDY 3

Hannah Pearce
Hannah is a disability support worker at Banksia Care. Outside of her normal work hours, Hannah is part
of a youth initiative called ‘Youth in Front’. She has been working with Ella, a 14-year-old girl who has

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been attending the program for some time. Ella has a mild intellectual disability and lack of social skills.
She has a history of dishonesty and stealing from others.
Hannah has noticed lately that Ella has been withdrawn. When asked if she is okay, Ella snaps back, ‘No!
I’m not okay. Would you be okay if your mother’s boyfriend kept touching you?’
Ella discloses to Hannah that her mother’s boyfriend has touched her sexually on several occasions when
her mother has been at work. She has now moved in with her grandmother to get away from him. Her
mother went crazy when she found out she was living with Grandma and when Ella told her why she
called her a ‘lying little b***h’.
Ella tells Hannah that she wants the man locked up so he can’t hurt her anymore. Hannah encourages
Ella to report him, but Ella says that she would be much too scared to talk to authorities about what has
happened.
Ella also says that her mother has no rights over her because she is not her real mother but only a
guardian because her mother died when she was a baby.

QUESTION 3.1
In her role as a volunteer youth worker, does Hannah have a duty of care to Ella? Explain Hanna’s duty of
care as a volunteer worker at ‘Youth in Front’ organisation.

As a volunteer worker, Hannah's duty of care includes:


 Ensuring Safety: Hannah has a responsibility to ensure Ella's safety. This includes taking
necessary steps to protect Ella from harm, such as reporting any abuse or potential harm to the
appropriate authorities.
 Respecting Confidentiality: Hannah must respect Ella's privacy and confidentiality, except in
situations where disclosure is necessary to protect Ella or others from harm.
 Providing Support: Hannah should provide emotional support to Ella, listen to her concerns, and
help her navigate through her issues.
 Reporting Abuse: If Hannah suspects or becomes aware of abuse, she has a legal and ethical
obligation to report it to the appropriate authorities. This is especially important in cases involving
minors or vulnerable individuals.

QUESTION 3.2
Identify the legislation for your state or territory that covers the protection of children and provides reporting
procedure.

The Child Protection Act 1999

QUESTION 3.3
Ella has a history of lying. Before reporting the allegation, should Hannah decide whether or not Ella is telling
the truth?

No, Hannah should not decide whether Ella is telling the truth or not. As a support worker, Hannah's role is
to ensure Ella's safety and well-being. If a child discloses abuse, it is essential to take it seriously,
regardless of their past behavior. Hannah should report the allegation to the appropriate authorities who
are trained to handle such situations and can conduct a thorough investigation.

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QUESTION 3.4
Explain the guidance that a code of conduct may give in relation to confidentiality in this case.

A code of conduct typically provides guidance on maintaining confidentiality, especially in sensitive cases
like this. It would likely instruct Hannah to:
 Respect Ella's privacy: Hannah should not disclose Ella's situation to anyone without her
consent, except where required by law or to protect Ella's safety.
 Report to appropriate authorities: If the code of conduct aligns with mandatory reporting laws,
Hannah may be obligated to report the sexual abuse to child protection services or the police,
even if Ella is afraid.
 Support Ella: Hannah should provide emotional support to Ella and guide her towards
professional help, such as counselling services.

CASE STUDY 4

Justin
Justin is a member of the board for Banksia Care. His father, Earl, has early onset dementia and is
becoming quite frail. The family is looking into prioritised placement for Earl in Banksia Care’s residential
facility.
Imagine you are a support worker at Banksia Care. Justin is visiting today with other board members as
there is a board meeting. You are working on some administration in the staff office, located next to the
meeting room. You overhear a conversation before the meeting begins.
‘Well, it’s obviously a wonderful place to live, otherwise my father wouldn’t be moving in.’
‘Oh, when does your father move in?’
‘He’s on the waiting list, but I’m hoping that he gets a priority placement, due to my personal interest in
Banksia Care and the work I’ve done to oversee some of the decision-making.’
‘Can you do that, Justin?’
‘I’m sure there’s someone who can get him pushed up the waiting list. Jenny, she likes me. Maybe, I’ll
have a chat with her, ask her out to dinner.’ (Justin is heard laughing with the other board member).
Justin successfully influences the board to approve prioritised placement for his father. Two weeks later,
Justin’s father is moved into the residential facility.

QUESTION 4.1
Identify the problem in this case study.

The problem in this case study revolves around ethical issues and conflict of interest.
Ethical Issues
Justin, a board member of Banksia Care, is using his position to influence the decision-making process to
get his father, Earl, a prioritised placement in Banksia Care’s residential facility. This is an ethical issue
because it involves favoritism and misuse of power.
Conflict of Interest
Justin's personal interest in getting his father a prioritised placement conflicts with his professional
responsibility as a board member. His actions could potentially harm the organization's reputation and
trustworthiness.

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QUESTION 4.2
Explain what Justin’s ethical responsibility is.

Ethical Responsibility of Justin Justin's ethical responsibility in this case is to ensure fairness and
impartiality in the decision-making process at Banksia Care.

QUESTION 4.3
Explain whether Justin and the board made an ethical decision or not.

Justin and the board's decision to prioritize Earl's placement in Banksia Care’s Disability Residential
service raises ethical concerns. This is because it appears that Justin used his position and influence to
expedite his father's admission, potentially at the expense of other individuals who might have been
waiting longer or have more urgent needs. This could be seen as a violation of the principles of fairness
and equality. Therefore, from an ethical standpoint, their decision can be considered questionable.

QUESTION 4.4
Having heard the conversation in the case study, explain what you should do as an employee. Should you
be worried about getting involved? Explain your answer.

Whether or not you should be worried about getting involved depends on several factors:
 Nature of the Situation: If the situation involves illegal activity, failing to report it could potentially
implicate you as well. In such cases, it's generally better to report the issue.
 Company Culture: If your company has a culture of retaliation against whistleblowers, this could
potentially put your job at risk. However, many jurisdictions have legal protections for
whistleblowers.
 Personal Involvement: If you are personally involved in the situation, you may have a conflict of
interest that could affect your judgment. In such cases, it may be best to seek advice from a
trusted mentor or legal counsel

CASE STUDY 5

Harry Jenkins
Harry works full time for independent living, Banksia Care. Currently, one evening per week and on
Saturdays, Harry and his friend Eliana volunteer their time to help with a youth community initiative. Eliana
has approached Harry with a dilemma.
A young 14-year-old girl has come to her asking for help to access a family planning clinic. After some
discussion, the girl tells Eliana that she needs a termination. Eliana is a pro-life advocate so feels really
uncomfortable assisting the client in this way.
Eliana has asked Harry if he can help the client instead of her. Harry supports the freedom of choice for
women but is empathetic towards Eliana’s predicament. However, Harry witnessed Eliana deep in
conversation with a young girl and recognised her as a close family friend’s daughter. Harry knows

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through his family connections, that this girl has been having a lot of difficulties at home.
At the moment, there are no other volunteers who can assist with the young girl’s case.
The youth program deals with many youth issues and provides financial assistance and referral to various
services including sexual health, drug and alcohol, smoking, housing and accommodation.

QUESTION 5.1
Identify Harry and Eliana’s legal responsibilities. Refer to two legislative and/or regulatory requirements and
explain how each apply to this situation.

1. Confidentiality and Privacy


2. Duty of Care
Confidentiality and Privacy
Under the Privacy Act 1988 (Cth), Harry and Eliana are required to respect and protect the privacy of the
individuals they are working with. This includes not disclosing personal information without the individual's
consent.
In this case, Harry has recognized the young girl as a family friend's daughter. However, he must not
disclose any information about her situation to anyone, including his family, without her explicit consent.
This is a legal requirement and a breach of this could lead to legal consequences.
Duty of Care
Under the Civil Liability Act 2002 (NSW), Harry and Eliana have a duty of care towards the individuals they
are working with. This means they are required to act in a way that does not cause harm and to take
reasonable steps to prevent harm.
In this case, Eliana is uncomfortable assisting the client due to her personal beliefs. However, she still has
a duty of care towards the young girl. If she is unable to assist, she should refer the girl to someone who
can, such as Harry.

QUESTION 5.2
Identify the type of conflict of interest in this situation and propose what action to take next.

Conflict of interest lies in the personal and professional relations. The action that should be taken next is
to work ethically with the case, involving the supervisors.

QUESTION 5.3
Imagine that you are Harry. Explain how you would problem-solve the situation between your values and
Eliana’s values so that you both remain non-judgemental and ethical.

1. Open Dialogue: Initiate a conversation with Eliana about the importance of respecting all
individuals, regardless of their identity or personal circumstances. Emphasize that our personal
beliefs should not interfere with our professional responsibilities.
2. Promote empathy
3. Seek Guidance: If Eliana continues to express discomfort, suggest seeking advice from a
supervisor or a professional ethics committee. They can provide guidance on how to handle such
situations ethically.

CASE STUDY 6

Jenny Gyeong

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Beth’s father, Frank, is moving into the residential aged care facility at Banksia Care. Beth has been
reluctant to put her father into care and is feeling anxious. She is worried about her father’s rights and the
kind of care he will receive. She has heard wonderful reviews about Banksia Care but has a few questions
regarding how information is kept (both electronically and in hardcopy) and who will have access to this
information.
Jenny is a personal care worker at Banksia Care’s residential aged care facility. She calls Beth to answer
her questions and make sure she feels confident and at ease about Frank moving in.
During the conversation, Beth says to Jenny:
‘I would like for my dad to feel safe and looked after. He realises that he requires more care than I or other
family members can provide and has agreed to go into care, but he is worried about being treated like a
child, being told when to go to bed, when to eat and so on. I’m concerned about who will have access to
his medical and financial information. How does Banksia Care ensure the security of hardcopy and
computerised records? A couple of parents where my kids go to school work at your facility. I’m worried
that they’ll have access to personal information. My parents are divorced. Will my mother be able to
access information about my father?’

QUESTION 6.1
Refer to the Aged Care Standards to explain how Jenny should inform Beth about Frank’s rights once he has
moved into Banksia Care.

Standard 1: Consumer Dignity and Choice


Frank has the right to be treated with dignity and respect. He will not be treated like a child, but as an
individual with his own preferences and needs. He has the right to make choices about his care and
services, and to live the life he chooses.
Standard 2: Ongoing Assessment and Planning with Consumers
Frank's care and services will be assessed and planned in partnership with him. This ensures that his
needs and goals are met.
Standard 3: Personal Care and Clinical Care
Frank's personal and clinical care will be delivered in accordance with his needs, goals and preferences.
Standard 4: Services and Supports for Daily Living
Frank will be assisted to live an active and healthy life. He will not be told when to eat or sleep, but will be
supported in his daily activities.
Standard 5: Organisation's Service Environment
Banksia Care will provide a safe and comfortable service environment for Frank.
Standard 6: Feedback and Complaints
Beth and Frank have the right to voice their concerns about the care and services Frank receives. Banksia
Care will take their complaints seriously and address them promptly.
Standard 7: Human Resources
Banksia Care staff are trained and competent. They respect and uphold Frank's rights. They will not have
access to Frank's personal information unless it is necessary for his care.
Standard 8: Organisational Governance
Banksia Care has systems in place to manage Frank's personal information. His records will be kept
secure and confidential. Only authorized personnel will have access to his information. Beth's mother will
not be able to access Frank's information without his consent.

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QUESTION 6.2
What should Jenny tell Beth regarding worker and organisation legal and ethical obligations relating to
confidentiality and Frank’s privacy of personal information?

Jenny should tell Beth that Banksia Care has a legal and ethical obligation to keep Frank's personal
information confidential. This means that only people who need to know Frank's information will have
access to it.

QUESTION 6.3
What should Jenny tell Beth regarding who is permitted to access Frank’s information?

1. Access to Information: Only authorized personnel who are directly involved in Frank's care will
have access to his medical and financial information. This includes his primary care team and any
specialists involved in his care. Other employees, such as those who may know Beth's children,
will not have access to this information unless it is necessary for their job duties.
2. Hardcopy and Computerized Records: Banksia Care has strict protocols in place to ensure the
security of both hardcopy and computerized records. Hardcopy records are kept in secure, locked
storage areas, and computerized records are protected by secure passwords and firewalls.
Regular audits are conducted to ensure these protocols are being followed.
3. Access by Family Members: As for Beth's concern about her mother, unless Frank gives explicit
permission for his ex-wife to access his information, she will not be able to do so. The same
applies to any other family members or friends. Banksia Care respects the privacy of its residents
and adheres to all relevant privacy laws and regulations.

QUESTION 6.4
List three ways electronic and/or hardcopy records should be maintained securely in a community services
workplace.

Access Control: Implement strong password policies and user authentication methods. This could
include two-factor authentication (2FA) or biometric verification.

Data Encryption: Encrypt sensitive data both at rest and in transit. This ensures that even if data is
intercepted, it cannot be read without the decryption key.

Secure Storage: Store hardcopy records in a secure, locked location that is only accessible to authorized
personnel.

ASSESSMENT CHECKLIST: ASSESSMENT TASK 2 Attempt 1 Attempt 2 Attempt 3

Did the student demonstrate the Date: Date: Date:

required level of competence for


each of the following points? Comments Yes No Yes No Yes No

Case Study 1: Naomi and Jim

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ASSESSMENT CHECKLIST: ASSESSMENT TASK 2 Attempt 1 Attempt 2 Attempt 3

Did the student demonstrate the Date: Date: Date:

required level of competence for


Comments Yes No Yes No Yes No
each of the following points?
Did the student answer all questions in
the case study correctly in line with the
decision-making rules provided in the
Marking Guide?
Please note which questions were answered
incorrectly below, where applicable.

If ‘no’ to the above, have arrangements


been made for re-assessment?

Case Study 2: Maria and Marcus

Did the student answer all questions in


the case study correctly in line with the
decision-making rules provided in the
Marking Guide?
Please note which questions were answered
incorrectly below, where applicable.

If ‘no’ to the above, have arrangements


been made for re-assessment?

Case Study 3: Hannah Pearce

Did the student answer all questions in


the case study correctly in line with the
decision-making rules provided in the
Marking Guide?
Please note which questions were answered
incorrectly below, where applicable.

If ‘no’ to the above, have arrangements


been made for re-assessment?

Case Study 4: Justin

Did the student answer all questions in


the case study correctly in line with the
decision-making rules provided in the
Marking Guide?
Please note which questions were answered
incorrectly below, where applicable.

If ‘no’ to the above, have arrangements


been made for re-assessment?

Case Study 5: Harry Jenkins

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ASSESSMENT CHECKLIST: ASSESSMENT TASK 2 Attempt 1 Attempt 2 Attempt 3

Did the student demonstrate the Date: Date: Date:

required level of competence for


Comments Yes No Yes No Yes No
each of the following points?

Did the student answer all questions in


the case study correctly in line with the
decision-making rules provided in the
Marking Guide?
Please note which questions were answered
incorrectly below, where applicable.

If ‘no’ to the above, have arrangements


been made for re-assessment?

Case Study 6: Jenny Gyeong

Did the student answer all questions in


the case study correctly in line with the
decision-making rules provided in the
Marking Guide?
Please note which questions were answered
incorrectly below, where applicable.

If ‘no’ to the above, have arrangements


been made for re-assessment?

Where any items above are marked ‘No’, outline the gaps below. Ensure feedback is provided to the student on their
Assessment Task Cover Sheet. Document the actions the student must take to address the gaps.

Comments: What did you observe? Are there any gaps? What did the student do to demonstrate competence?

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Please outline any reasonable adjustments made for this task here.

Assessment Task 2 Outcomes

Attempt Date Outcome Assessor Name Assessor Signature

Attempt 1 Satisfactory

Not Satisfactory

Attempt 2 Satisfactory

Not Satisfactory

Attempt 3 Satisfactory

Not Satisfactory

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Assessment Task Cover Sheet – Assessment Task 3

Students: Please fill out this cover sheet clearly and accurately. Make sure you have kept a copy of your
work.

Name: Ramandeep Kaur Gill

Date of observation/
23-04-2024
submission:

Unit: CHCLEG001 Work legally and ethically

No. of Pages in
52
Submission:

Assessor to complete

Is this a
Satisfactory/ reassessment?
Assessment Task Number & Title Not satisfactory Date Y/N

Assessment Task 3: Legal and Ethical


Responsibilities at Banksia Care

STUDENT DECLARATION
I ___ Ramandeep Kaur Gill _______________________________________________ declare that these
tasks are my own work.
þ None of this work has been completed by any other person.
þ I have not cheated or plagiarised the work or colluded with any other student/s in the completion of this
work.
þ I have correctly referenced all resources and reference texts throughout these assessment tasks.
þ I understand that if I am found to be in breach of the RTO’s policies, disciplinary action may be taken
against me.

Student Signature: _ Ramandeep Kaur Gill ______________________________________________


Date: __23-04-2024_____________

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ASSESSOR FEEDBACK
Assessors: Please return this cover sheet to the student with assessment results and feedback.
A copy must be supplied to the office and kept in the student’s file with the evidence.

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

Assessor Signature: _____________________________________________________________________

Assessor Name: ________________________________________________________________________

Date: _______________

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Assessment Task 3: Legal and Ethical Responsibilities at Banksia Care

This project is made up of three parts:


 Part A: For this part of the task, read the scenario and identify two work practice
improvements that will assist in better workplace legal and ethical requirements.
Compose an email to Joyce Kiehne to discuss your proposed improvements.
TASK SUMMARY
 Part B: For this task, you are required to meet with Joyce Kiehne and Harry
Jenkins to discuss your email and seek feedback on your suggestions.
Further instructions for each part are provided below.

If this task is marked as Not Satisfactory (N/S), your assessor will provide you with
feedback about which parts of the task were deemed unsatisfactory or insufficient.
WHAT HAPPENS IF
You may need to submit the whole task again or only the parts of the task that were
YOU GET deemed unsatisfactory – your assessor will advise you. Your assessor will provide
SOMETHING you with a due date by which you must resubmit. You have up to three attempts to
WRONG? achieve a Satisfactory outcome.

PART A: IDENTIFY WORKPLACE IMPROVEMENTS

Read the scenario about Poppi Edwards.


Identify two improvements that would help Banksia Care to better meet its legal and
ethical requirements.

TASK As Poppi, you need to write an email to Joyce Kiehne, Coordinator of the
INSTRUCTIONS: Independent Living Program (your assessor) that proposes your two suggestions for
improvement.
PART A
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, including the legal and
ethical requirements
 outline any potential or actual breaches and unethical conduct
 reference to specific workplace policies and procedures that are relevant to the
case and that should cover the improvement suggestion
 how each improvement will help staff to meet legal and ethical requirements
 recommendations for reviewing and developing your workplace policies and
procedures.
Send your email to your assessor.

 Access to a computer.
 Supporting documents (accessible from the Banksia Care website):
– Privacy and Confidentiality Policy and Procedure
RESOURCES AND
EQUIPMENT – Duty of Care Policy and Procedure
REQUIRED – Incident, Injury, Trauma and Illness Policy and Procedure

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– Code of Ethics
– Code of Conduct Policy and Procedure
– Workplace Health and Safety Policy and Procedure
– Safety and Risk Management Policy and Procedure.

WHERE AND
WHEN THIS TASK  You will complete this task in your own time, or you may be provided with time
WILL BE in class to complete it (where applicable).
COMPLETED  You will be advised of the due date for this task.

SUBMISSION
REQUIREMENTS:
PART A  Completed email to assessor.

Scenario
Poppi Edwards is a lifestyle developer within the Independent Living department of Banksia Care. Today
she has an administration day onsite to catch up on documentation and planning. During her morning tea
break, she enters the staffroom to make a coffee and discovers there is none left. She remembers that
there is a bulk order that is kept in the storeroom. On entering the storeroom, she is narrowly missed by a
box of plastic gloves that have been stacked on the top shelf. She notices the storeroom is looking a little
disorganised. She sees the coffee in glass jars on one of the shelves. She has to use the storeroom
stepladder to reach the glass jars. While up on the stepladder, she notices someone has left a Stanley
knife on top of a box that hasn’t been retracted. Poppi takes the stepladder over to the box with the
Stanley knife, steps up and retracts the blade, then takes the knife down and puts it away in its place near
the inside of the doorway.
As Poppi is about to put the stepladder back, she overhears a colleague talking on her phone in the
staffroom. ‘I just think that we are spending too much time individualising the planning for our residents. If
we focused on a more universal daily plan for everyone, we would get through so much more during a
day. I mean, why are we separating mealtimes for some residents and why on earth are they getting a
choice as to what they’d like for dinner? I think when they’re at their stage of life, who cares! I mean, Earl
can’t even taste food and I heard he’s just been diagnosed with diabetes, so no more cake for Earl. Deb
has proposed we make the kitchen more wheelchair accessible as she wants to have a group baking in
there. What a waste of time. If they want to bake, their family can pick them up and take them somewhere
else to bake.’
Poppi exists the storeroom and notices her colleague is slightly startled. She changes the subject on the
phone and keeps talking quietly. Poppi is able to make her coffee and leave the staffroom.

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ASSESSMENT CHECKLIST: PART A Attempt 1 Attempt 2 Attempt 3

Did the student demonstrate the Date: Date: Date:

required level of competence for


each of the following points? Comments Yes No Yes No Yes No

 Interpret legal and ethical


requirements of workplace policies
and procedures.

 Recognise any potential or actual


breaches and unethical conduct

 Identify situations where


improvements can be made to
meet legal and ethical
requirements.

 Made recommendations for the


review and development of policies
and procedures.

Where any items above are marked ‘No’, outline the gaps below. Ensure feedback is provided to the student on their
Assessment Task Cover Sheet. Document the actions that must be taken by the student to address the gaps.

Comments: What did you observe? Are there any gaps? What did the student do to demonstrate competence?

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Please outline any reasonable adjustments made for this task here.

Assessment Task 3: Part A Outcomes

Attempt Date Outcome Assessor Name Assessor Signature

Attempt 1 Satisfactory

Not Satisfactory

Attempt 2 Satisfactory

Not Satisfactory

Attempt 3 Satisfactory

Not Satisfactory

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PART B: DISCUSS WORKPLACE IMPROVEMENTS

For this part of the task, you will complete a role play.
You will play the part of Poppi and meet with Joyce Kiehne (assessor) and Harry
Jenkins (another student) to discuss your email and workplace improvement
suggestions from Part A.
TASK
INSTRUCTIONS: You will need to talk about the following in your meeting:
PART B  Why you think each work practice can be improved and how this will assist in
meeting legal and/or ethical requirements. Refer to the relevant Banksia Care
documentation to support you.
 How you can contribute to the development and review of policies and
procedures.
You must also ask Joyce and Harry for feedback on your suggestions. Ask them:
 If they think your suggestions are reasonable.
 If they can suggest any improvements to your suggestions.

 Industry-relevant simulated environment which includes an assessor and


another student to play the two required roles.
 Banksia Care policies and procedures.

RESOURCES AND  If being assessed online, you will need access to the following:
EQUIPMENT – computer, tablet or phone
REQUIRED
– internet
– video conferencing software, such as Zoom, Teams, etc.
 Two people to play the roles of Joyce Kiehne and Harry Jenkins.

 You will complete this task with your assessor in class or online at a time
advised by your assessor.
 Your assessor will advise you the date on which you will be required to
WHERE AND complete the role play.
WHEN THIS TASK  If your assessor is unable to directly observe you at the time of the assessment,
WILL BE arrangements will be made for you to video record yourself performing the tasks
COMPLETED required and submit to your assessor online.

SUBMISSION You are not required to submit anything for this part of the task.
REQUIREMENTS: If your assessor is unable to observe you during the role play, video evidence must
PART B be submitted.

During the role play, your assessor will be looking to see that you can:
 communicate the two potential work practice improvements with a colleague and supervisor
 refer to policy and procedure to support meeting legal and/or ethical requirements
 seek to contribute to the review of policies and protocols.

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ASSESSMENT CHECKLIST: PART B Attempt 1 Attempt 2 Attempt 3

Did the student demonstrate the Date: Date: Date:

required level of competence for


each of the following points? Comments Yes No Yes No Yes No

 Communicated the two potential


work practice improvements.

 Refer to policy and procedure to


support meeting legal and/or
ethical requirements.

 Contributed to the review of


policies and protocols.

Where any items above are marked ‘No’, outline the gaps below. Ensure feedback is provided to the student on their
Assessment Task Cover Sheet. Document the actions that must be taken by the student to address the gaps.

Comments: What did you observe? Are there any gaps? What did the student do to demonstrate competence?

Please outline any reasonable adjustments made for this task here.

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Assessment Task 3: Part B Outcomes

Attempt Date Outcome Assessor Name Assessor Signature

Attempt 1 Satisfactory

Not Satisfactory

Attempt 2 Satisfactory

Not Satisfactory

Attempt 3 Satisfactory

Not Satisfactory

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Assessment Outcome Summary

This section records the outcome of each task so that the final assessment outcome can be determined.
The Assessment Outcome Summary Table shows all the assessment tasks required for this unit.
Task Outcomes
For each attempt at each task, fill in the Task Outcome, either Satisfactory or Not Satisfactory, insert the date
of the decision and your initials. Fill in the task outcome for each attempt.
Students must receive a Satisfactory outcome for each task that relates to a unit, to be marked Competent
for the unit.
Unit Assessment Results
When a student has attempted all tasks, but one or more tasks are marked as Not Satisfactory, a Not Yet
Competent unit result must be entered in the Unit Assessment Results section.
Once the student has satisfactorily completed all tasks, enter a unit result of ‘Competent’.

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Assessment Outcome Summary Table: CHCLEG001 Work legally and ethically
Task Outcomes

Satisfactory (S)
Not satisfactory Assessor
Assessment Tasks (NS) Date initials

Assessment Task 1: Knowledge Questions

Assessment Task 2: Case Studies

Assessment Task 3: Legal and Ethical Responsibilities at Banksia Care

Part A: Identify Workplace Improvements

Part B: Discuss Workplace Improvements

Unit Result Assessor


Unit Assessment Results (C/NYC) Date initials

CHCLEG001 Work legally and ethically

Assessor Name:

Assessor Signature: Date:

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