Legal and ethical considerations for group work, and how these are applied in organisations and individual practice:
- codes of conduct – A code of conduct is a set of rules outlining the norms, rules, and responsibilities or proper practices of an individual party or an organization.
Youth Program Sample Code of Conduct
- discrimination – Discrimination occurs when a person is treated unfairly because that person has an attribute or a personal characteristic. Youth Laws Australia
- duty of care- Your duty of care is your legal duty to take reasonable care to avoid others being harmed. First, you must take steps to identify risks: any reasonably likely harmful effects of your actions and inactions. (The law calls this reasonable foreseeability). This is not crystal ball gazing but using your skills, knowledge and experience. If you identify a reasonably likely risk of harm, you must take reasonable care in response
- mandatory reporting- Mandatory reporting is the legislative requirement for selected classes of people to report suspected child abuse and neglect to government authorities.
- privacy, confidentiality, and disclosure – A common scenario is one where a young person tells something to a worker. If you are then approached by the young person’s parents who want you to disclose that information, what should you do? How much information must you or should you disclose? The situation may differ between the states and territories. If the young person is under 16 years of age you may have a legal obligation to inform the family about your interactions with them. If the young person is over 16 years of age you have no responsibility to disclose anything to the parents. Disclosing personal information to family members has the potential to damage the relationship between the young person and the worker. It is good practice to discuss the limits of confidentiality with them at the earliest possible moment. This will provide a clear indication of what information you can and cannot keep to yourself.
- records management – this involves an information that organisations are required to keep, such as sign in/out, registers, rosters, minutes of meeting etc. You will need to speak to your Ministry Placement Supervisor to find out the requirements for their organisation.
- work role boundaries – In your initial work with young people you need to be quite clear about the boundaries and limitations of your work relationship. Some points to consider here are:
- The limitations of your role (i.e. What you are willing to do? What you are capable of doing)
- The limitations of your relationship (i.e. Worker-client relationship not friend-friend relationship)
- The limitations of confidentiality and other reporting requirements that you may have to adhere to (e.g. Child protection, disclosure of serious criminal act, duty of care in relation to suicide risk)
- The limitations of your agency and service (what you can and cannot realistically achieve within the guidelines and policies of your agency).
- job role as this sets out boundaries in your job role, enables you to know your role and responsibilities. Knowing your own level of competence and skills, knowing your job description. You will need to speak to your Ministry Placement Supervisor to find out your specific responsibilities.
- responsibilities and limitations- It is important to adhere to the agreed scope of the job role as this sets out boundaries in your job role, enables you to know your role and responsibilities. Knowing your own level of competence and skills, knowing your job description. You will need to speak to your Ministry Placement Supervisor to find out your specific responsibilities and the limitation of these responsibilities.
- work health and safety- Work health and safety (WHS) – sometimes called occupational health and safety (OH&S) – involves the management of risks to the health and safety of everyone in your workplace. This includes the health and safety of anyone who does work for you as well as your customers, visitors, and suppliers.
- policies and procedures- Policies and procedures go hand-in-hand but are not interchangeable.
- A policy is a set of general guidelines that outline the organization’s plan for tackling an issue. Policies communicate the connection between the organization’s vision and values and its day-to-day operations.
- A procedure explains a specific action plan for carrying out a policy. Procedures tells employees how to deal with a situation and when.
- Employee Assistance Program (EAP). An Employee Assistance Program (EAP) supports employees of organisations in dealing with personal, family and/or work-related concerns that may impact their wellbeing, work performance, health and safety, or workplace morale. This service is of considerable benefit to both the employee and the organisation. These are the key features of an Employee Assistance Program (EAP)
Using policies and procedures together gives employees a well-rounded view of their workplace. They know the type of culture that the organization is striving for, what behavior is expected of them, and how to achieve both of these.
Answer the following question in the downloaded quiz.
- What boundaries/limitations do you have in your role in working with young people? How do/will you make young people aware of these?