CHCLEG001 Work legally and ethically

Learner Workbook

Instructions to Learner

Assessment instructions

Overview

Prior to commencing the assessments, your trainer/assessor will explain each assessment task and the terms and conditions relating to the submission of your assessment task. Please consult with your trainer/assessor if you are unsure of any questions. It is important that you understand and adhere to the terms and conditions, and address fully each assessment task. If any assessment task is not fully addressed, then your assessment task will be returned to you for resubmission. Your trainer/assessor will remain available to support you throughout the assessment process.

Written work

Assessment tasks are used to measure your understanding and underpinning skills and knowledge of the overall unit of competency. When undertaking any written assessment tasks, please ensure that you address the following criteria:

• Address each question including any sub-points
• Demonstrate that you have researched the topic thoroughly
• Cover the topic in a logical, structured manner
• Your assessment tasks are well presented, well referenced and word processed
• Your assessment tasks include your full legal name on each and every page.

Active participation

It is a condition of enrolment that you actively participate in your studies. Active participation is completing all the assessment tasks on time.

Plagiarism

Plagiarism is taking and using someone else's thoughts, writings or inventions and representing them as your own. Plagiarism is a serious act and may result in a learner’s exclusion from a course. When you have any doubts about including the work of other authors in your assessment, please consult your trainer/assessor. The following list outlines some of the activities for which a learner can be accused of plagiarism:

• Presenting any work by another individual as one's own unintentionally
• Handing in assessments markedly similar to or copied from another learner
• Presenting the work of another individual or group as their own work
• Handing in assessments without the adequate acknowledgement of sources used, including assessments taken totally or in part from the internet.

If it is identified that you have plagiarised within your assessment, then a meeting will be organised to discuss this with you, and further action may be taken accordingly.

Collusion

Collusion is the presentation by a learner of an assignment as their own that is, in fact, the result in whole or in part of unauthorised collaboration with another person or persons. Collusion involves the cooperation of two or more learners in plagiarism or other forms of academic misconduct and, as such, both parties are subject to disciplinary action. Collusion or copying from other learners is not permitted and will result in a “0” grade and NYC.

Assessments must be typed using document software such as (or similar to) MS Office. Handwritten assessments will not be accepted (unless, prior written confirmation is provided by the trainer/assessor to confirm).

Competency outcome

There are two outcomes of assessments: S = Satisfactory and NS = Not Satisfactory (requires more training and experience).

Once the learner has satisfactorily completed all the tasks for this module the learner will be awarded “Competent” (C) or “Not yet Competent” (NYC) for the relevant unit of competency.

If you are deemed “Not Yet Competent” you will be provided with feedback from your assessor and will be given another chance to resubmit your assessment task(s). If you are still deemed as “Not Yet Competent” you will be required to re-enrol in the unit of competency.

Additional evidence

If we, at our sole discretion, determine that we require additional or alternative information/evidence in order to determine competency, you must provide us with such information/evidence, subject to privacy and confidentiality issues. We retain this right at any time, including after submission of your assessments.

Confidentiality

We will treat anything, including information about your job, workplace, employer, with strict confidence, in accordance with the law. However, you are responsible for ensuring that you do not provide us with anything regarding any third party including your employer, colleagues and others, that they do not consent to the disclosure of. While we may ask you to provide information or details about aspects of your employer and workplace, you are responsible for obtaining necessary consents and ensuring that privacy rights and confidentiality obligations are not breached by you in supplying us with such information.

Assessment appeals process

If you feel that you have been unfairly treated during your assessment, and you are not happy with your assessment and/or the outcome as a result of that treatment, you have the right to lodge an appeal. You must first discuss the issue with your trainer/assessor. If you would like to proceed further with the request after discussions with your trainer/assessor, you need to lodge your appeal to the course coordinator, in writing, outlining the reason(s) for the appeal.

Recognised prior learning

Candidates will be able to have their previous experience or expertise recognised on request.

Special needs

Candidates with special needs should notify their trainer/assessor to request any required adjustments as soon as possible. This will enable the trainer/assessor to address the identified needs immediately.

Assessment requirements

Assessment can either be:

• Direct observation
• Product-based methods e.g. reports, role plays, work samples
• Portfolios – annotated and validated
• Questioning
• Third party evidence.

If submitting third party evidence, the Third Party Observation/Demonstration document must be completed by the agreed third party.

Third parties can be:

• Supervisors
• Trainers
• Team members
• Clients

The third party observation must be submitted to your trainer/assessor, as directed.

The third party observation is to be used by the assessor to assist them in determining competency.

The assessment activities in this workbook assess aspects of all the elements, performance criteria, skills and knowledge and performance requirements of the unit of competency.

To demonstrate competence in this unit you must undertake all activities in this workbook and have them deemed satisfactory by the assessor. If you do not answer some questions or perform certain tasks, and therefore you are deemed to be Not Yet Competent, your trainer/assessor may ask you supplementary questions to determine your competence. Once you have demonstrated the required level of performance, you will be deemed competent in this unit.

Should you still be deemed Not Yet Competent, you will have the opportunity to resubmit your assessments or appeal the result.

As part of the assessment process, all learners must abide by any relevant assessment policies as provided during induction.

If you feel you are not yet ready to be assessed or that this assessment is unfair, please contact your assessor to discuss your options. You have the right to formally appeal any outcome and, if you wish to do so, discuss this with your trainer/assessor.

Candidate Details

Assessment – CHCLEG001: Work legally and ethically

If printed and completed by hand, please complete the following activities and hand in to your trainer/assessor for marking (This may be by uploading the document/s to the learner management system LMS). This forms part of your assessment for CHCLEG001: Work legally and ethically

Name: _________

Address: _________

_________

Email: _________

Employer: _________

Declaration

I declare that no part of this assessment has been copied from another person’s work with the exception of where I have listed or referenced documents or work and that no part of this assessment has been written for me by another person. I also understand the assessment instructions and requirements and consent to being assessed.

Signed: ________

Date: ________

If activities have been completed as part of a small group or in pairs, details of the learners involved should be provided below:

This activity workbook has been completed by the following persons and we acknowledge that it was a fair team effort where everyone contributed equally to the work completed. We declare that no part of this assessment has been copied from another person’s work with the exception of where we have listed or referenced documents or work and that no part of this assessment has been written for us by another person.

Learner 1: ________

Signed: ________

Learner 2: ________

Signed: ________

Learner 3: ________

Signed: ________

Observation/Demonstration

Throughout this unit, you will be expected to show your competency of the elements through observations or demonstrations. Your trainer/assessor will have a list of demonstrations you must complete or tasks to be observed. The observations and demonstrations will be completed as well as the activities found in this workbook.

An explanation of observations and demonstrations:

Observation is on-the-job

The observation will usually require:

• Performing a work based skill or task
• Interaction with colleagues and/or customers.

Demonstration is off-the-job

A demonstration will require:

• Performing a skill or task that is asked of you
• Undertaking a simulation exercise.

Your trainer/assessor will inform you of which one of the above they would like you to do. The observation/demonstration will cover one of the unit’s elements.

The observation/demonstration will take place either in the workplace or the training environment, depending on the task to be undertaken and whether it is an observation or demonstration. Your trainer/assessor will ensure you are provided with the correct equipment and/or materials to complete the task. They will also inform you of how long you have to complete the task.

You should be able to demonstrate the skills, knowledge and performance criteria required for competency in this unit, as seen in the Learner Guide.

Third Party Guide

You should supply details of the third party to the assessor before you commence the activities (see below), unless the assessor has already selected a third party themselves. The assessor can then contact the third party in instances where they require more evidence to determine competency, or they cannot observe certain tasks themselves.

The reasons to use a third party may include:

• Assessment is required in the workplace
• Where there are health and safety issues related to observation
• Patient confidentiality and privacy issues are involved.

If you are not employed, or able to complete demonstrative tasks in the workplace, you will need to inform the assessor. They will be able to provide you with a simulated environment in which to complete these tasks.

We would prefer that, wherever possible, these be “live” issues for your industry and require application of the principles that you are learning as part of your training. Where this is not possible, you and your third party should simulate the activity tasks and demonstrations that you believe would be likely to arise in your organisation or job role.

Third party evidence can also be used to provide “everyday evidence” of tasks included in your work role that relate to the unit of competency but are not a part of the formal assessment process.

The third party is not to be used as a co-assessor – the assessor must make the final decision on competency themselves.

Documents relevant to collection of third party evidence are included in the Third Party section in the Observations/Demonstrations document.

Third party details (required information from the learner)

A third party may be required for observations or demonstrations; please provide details below of your nominated third party and obtain their signature to confirm their agreement to participate. This information will be required by your trainer/assessor in advance of arranging any future observations or demonstrations.

Third party name: __________

Position of third party: __________

Telephone number: __________

Email address: __________

Declaration for nominated third party

I declare my intention to act as third party for (learner’s name here) ___________

Third party signature: ______ Date:_________

Activities

Complete the following activities individually or in a group (as applicable to the specific activity and the assessment environment).

Activity 1A

Activity 1B

Activity 1C

Activity 1D

Activity 2A

Activity 2B

Activity 2C

Activity 2D

Activity 2E

Activity 2F

Activity 2G

Activity 3A

Summative Assessments

The summative assessments are the major activities designed to assess your skills, knowledge and performance, as required to show competency in this unit. These activities should be completed after finishing the Learner Guide. You should complete these as stated below and as instructed by your trainer/assessor.

Skills, knowledge and performance may be termed as:

• Skills – skill requirements, required skills, essential skills, foundation skills
• Knowledge – knowledge requirements, required knowledge, essential knowledge, knowledge evidence
• Performance – evidence requirements, critical aspects of assessment, performance evidence.

Section A: Skills Activity

The Skills Activity is designed to be a series of demonstrative tasks that should be assessed by observation (by the assessor or third party, depending on the circumstances).

It will demonstrate all of the skills required for this unit of competency – your assessor will provide further instructions to you, if necessary.

Section B: Knowledge Activity (Q & A)

The Knowledge Activity is designed to be a verbal questionnaire where the assessor asks you a series of questions to confirm your competency for all of the required knowledge in the unit of competency.

Section C: Performance Activity

The Performance Activity is designed to be a practical activity performed either in the workplace or a simulated environment. You should demonstrate the required practical tasks for the unit of competency and be observed by the assessor and/or third party, as applicable to the situation. If the third party is required to observe you, you will need to make the required arrangements with them.

If necessary for the activities, you should attached completed written answers, portfolios or any evidence of competency to this workbook.

Section A: Skills Activity

Objective: To provide you with an opportunity to show you have the required skills for this unit.

The Foundation Skills describe those required skills (language, literacy, numeracy and employment skills) that are essential to performance.

Foundation skills essential to performance are explicit in the performance criteria of this unit of competency.

Therefore, there is no skills activity required for this unit, as they have been covered in the previous activities.

Section B: Knowledge Activity (Q & A)

Objective: To provide you with an opportunity to show you have the required knowledge for this unit.

The answers to the following questions will enable you to demonstrate your knowledge of:

• Legal and ethical considerations (international, national, state/territory, local) for people working in the community services and health context, how they are applied in organisations, how these impact individual workers, and the consequences of breaches:
• children in the workplace
• codes of conduct
• codes of practice
• complaints management
• continuing professional education
• discrimination
• dignity of risk
• duty of care
• human rights
• Universal declaration of human rights
  • relationship between human needs and human rights
  • frameworks, approaches and instruments used in the workplace
• informed consent
• mandatory reporting
• practice standards
• practitioner/client boundaries
• privacy, confidentiality and disclosure
• policy frameworks
• records management
• rights and responsibilities of workers, employers and clients
• industrial relations legislation relevant to employment conditions of role
• specific legislation in the area of work – objectives and key components
• work role boundaries – responsibilities and limitations
• work health and safety
• Interrelationships, similarities and differences that may exist between legal and ethical frameworks
• Legal issues in the context of the work role:
• type of legal issues that arise
• ways to respond
• Ethical practice in the context of the work role:
• type of ethical issues that arise
• ways to respond
• Workplace policies, procedures and protocols:
• how they are/should be developed
• processes for review, including consultation and mechanisms for input

Answer the activity in as much detail as possible, considering your current employer’s requirements or the requirements you believe will be required in your chosen career.

1. From the list given below, discuss with your trainer who will assign you one (1) or more ethical or legal considerations. Establish how these are relevant to your organisation and role and the consequences of any breaches:

• Children in the workplace
• Codes of conduct
• Codes of practice
• Complaints management
• Continuing professional education
• Discrimination
• Dignity of risk
• Duty of care
• Human rights
• Informed consent
• Mandatory reporting
• Practice standards
• Practitioner/client boundaries
• Privacy, confidentiality and disclosure
• Policy frameworks
• Records management
• Rights and responsibilities of workers, employers and clients
• Industrial relations legislation relevant to employment conditions of role
• Specific legislation in the area of work – objectives and key components
• Work role boundaries – responsibilities and limitations
• Work health and safety

2. For three (3) aspects of ethical policies, identify any instances where there is an overlap with legal requirements.

3. Within your desired role, identify three (3) legal issues that can arise and explain how you would respond to these.

4. Within your desired role, identify three (3) ethical issues that can arise and explain how you would respond to these

5. In no more than one page, outline what the process for the review of policies and procedures would be and the methods available for team members to input feedback and ideas.

Section C: Performance Activity

Objective: To provide you with an opportunity to demonstrate the required performance elements for this unit.

This activity will enable you to demonstrate the following performance evidence:

• Completed workplace activities in accordance with legal and ethical requirements in at least 3 different situations
• Developed appropriate responses to at least 3 different legal or ethical issues relevant to the work role
• Identified and communicated at least 2 potential work practice improvements designed to enhance workplace responsiveness to legal and ethical requirements

Answer the activity in as much detail as possible, considering your current employer’s requirements or the requirements you believe will be required in your chosen career.

1. Within your desired job role, identify three (3) different situations where you may need to conduct yourself in accordance with legal and ethical requirements. Explain the situations and describe how your practice was ethical.

2. Within your desired job role, identify three (3) different occasions where you may identify a legal or ethical issue and what is the appropriate response. Explain the issues and the steps you would take to resolve them.

3. Within regards to your job role, identify two (2) areas where you feel work practice could be improved in order to enhance your ethical and legal policies. Feedback this information to supervisors.

Workplace Documentation – for learner

Workplace documents checklist

To demonstrate and support workplace knowledge, workplace documents can be submitted to the assessor or third party. Indicate in the table below the documents that have been provided. Please refer to your trainer/assessor if clarification is required or if you have any further questions on what you are able to provide or use.