Rights and advocacy

Advocacy can take various forms, and different models exist to guide the practice of advocating for individuals or groups.

There are 6 main models of advocacy that are used which are described in the following table with an example for each:

Models of Advocacy	Description	Example
Self Advocacy	Self-advocacy involves individuals speaking up for themselves, expressing their needs, preferences, and rights. It empowers individuals to actively participate in decision-making processes that affect their lives.	Melanie’s landlord arrived at her flat at 7:00 a.m. yesterday to conduct a property inspection...
Family Advocacy	Family advocacy focuses on supporting and representing the interests of families. This can include advocating for family-friendly policies, services, and resources. Family advocates work to ensure that families have the support they need.	John, a father of a child with a learning disability, attends a school meeting to advocate for his child's educational needs...
Citizen Advocacy	Citizen advocacy involves ordinary citizens supporting and speaking up for individuals who may be vulnerable or marginalized. The goal is to ensure that everyone in the community has a voice and receives fair and just treatment.	Mark, a community member, notices an ongoing issue with a local park's accessibility for people with mobility challenges...
Individual Advocacy	Individual advocacy is directed at supporting a specific person or addressing a particular case. Advocates work one-on-one to navigate systems, address challenges, and ensure that the individual's rights and needs are met.	Linda, a community support worker, supports her client, Tom, who is facing discrimination at his workplace due to his disability...
Legal Advocacy	Legal advocacy involves using the legal system to support a cause. This can include providing legal representation, filing lawsuits, or working to change laws and policies to ensure justice and fairness.	Michael, an attorney, takes on a case representing a group of individuals who have experienced housing discrimination based on their ethnicity...
Systemic Advocacy	Systemic advocacy focuses on creating broader, long-term change by addressing and challenging the root causes of issues...	Maria, a community organizer, notices a pattern of inadequate healthcare services in her neighborhood...

The following video list provides information about each of the models:

Advocacy Type	Video Link
How advocacy makes a difference	https://youtu.be/-EyL3lZBRyo?feature=shared
Self Advocacy	https://youtu.be/wWH_fhOneeE
Family Advocacy	https://youtu.be/j0l4Rkwz008
Citizen Advocacy	https://youtu.be/Imz9cicseYk
Individual Advocacy	https://youtu.be/iKUSS7i8PFs
Legal Advocacy	https://youtu.be/jcd29qH9sVU
Systemic Advocacy	https://youtu.be/As73RrWGY3s

Negiotiation, Advocay and Mediation

Negotiation is a process aimed at achieving a mutually beneficial agreement through communication and compromise. The goal is to reach a consensus that satisfies the interests of all parties involved. In negotiation, parties actively participate in discussions, presenting their positions, interests, and potential solutions. Typically, a neutral third party is not involved; negotiations are direct between the parties or their representatives.

Examples of negotiation include salary negotiations, business contract discussions, or settling disputes between neighbors. Advocacy involves representing and supporting the rights, needs, and interests of an individual or group. The goal of advocacy is to empower and amplify the voices of those being represented, seeking positive changes and fair treatment. Advocacy often involves a professional advocate or an indie vidual representing themselves on behalf of others. Advocates may have advisors or support organizations, but they generally represent the client directly.

Examples of advocacy include disability advocacy for accessibility, legal advocacy in court, or community advocates for marginalized groups. Mediation is a facilitated process where a neutral third party helps disputing parties reach a resolution. The goal is to assist parties in finding a mutually acceptable resolution without a formal decision-maker. In mediation, parties play an active role in expressing concerns, needs, and desired outcomes, facilitated by a neutral third party, the mediator. Mediation requires a neutral third party who guides communication without making decisions. Examples of mediation include family mediation during divorce, workplace mediation for conflicts, or community mediation for neighborhood disputes.

Negotiation techniques, advocacy techniques, and mediation techniques for the facilitation of client rights

In negotiating techniques for client rights, effective communication involves active listening to understand the client's needs and concerns. Empowerment is achieved by enabling clients to express their rights and preferences during negotiations, and collaboration entails working collaboratively with the client to explore mutually beneficial solutions. Negotiation skills are developed to represent and secure client rights, and meticulous documentation keeps thorough records of discussions, agreements, and client preferences. Legal knowledge is crucial for understanding relevant laws and regulations within which negotiations occur, ensuring legal frameworks are respected. Advocacy techniques for client rights focus on effectively conveying the client's rights and needs to relevant parties. Empowerment involves providing information and resources to help clients make informed decisions, while collaboration includes working with clients to set goals, create plans, and advocate for their rights. Advocates use negotiation skills to address challenges diplomatically, document evidence supporting client rights, and offer emotional support to clients facing challenges, ensuring they feel heard and valued. Education is a key aspect, involving providing information to clients about their rights, available options, and potential outcomes. In mediation techniques for client rights, communication entails facilitating open and honest communication between disputing parties. Empowerment involves encouraging clients to express their rights and preferences, ensuring they feel heard. Collaboration fosters collaboration between disputing parties to find solutions that respect client rights, and negotiation skills guide parties toward agreements that uphold those rights. Documentation is important in assisting parties in documenting agreed-upon solutions during mediation, and mediators with legal expertise ensure that solutions align with applicable laws and regulations. Emotional support is provided in creating a supportive environment during mediation where clients feel emotionally safe expressing their rights. Additionally, education on rights and responsibilities is offered to ensure informed decision-making during the mediation process.

An advocate is someone who supports and speaks up for a cause, idea, or person. They work to make positive changes by raising awareness and influencing decisions or policies in areas like social justice or healthcare. Advocates can focus on personal or broader issues to make a positive impact. An advocate is a person who: supports a client to protect and promote their rights and interests. can, with the client's permission, negotiate on their behalf or support the client to negotiate for themselves. does not conciliate or arbitrate between organisation and client. 'stands beside' a client to support them to make their own decisions. is an important resource for a client in situations where a client feels confused, overwhelmed, intimidated or under confident.  While advocates work in different ways under each of these models there are some key aspects to being an advocate that apply to all. Advocates need to: listen to the person they are working with find the issues that they can help them with give the person information about their options for addressing the issues help them to present and express their views and wishes to others help them to understand and defend their rights be independent and be on the side of the person with disabilities and no-one else’s.

A right is something you are morally or legally entitled to have or do. Some rights, like the right to housing or healthcare, are essential and cannot be taken away. Laws create other rights. Rights can be things everyone should access, like education or sanitation. These are called social and economic rights because they're what we need for a dignified life.

Rights can also mean doing things freely without interference, like practicing a religion or expressing opinions. These are civil and political rights, allowing us to be active citizens. Human rights are for everyone, protected by international law.

They include social and economic rights and civil and political rights.

What are client rights?

Every organisation within a community and health setting will have a set of client rights based around the service that they provide.

In general, a client’s rights may include the following:

The right to:

• be treated with dignity and courtesy.
• receive equal treatment regardless of personal characteristics.
• contribute to and receive a written care plan from Infinity.
• be involved in decisions about support choices.
• get information about available support options.
• maintain private information with accessible client files.
• ensure consistent privacy and confidentiality.
• receive culturally sensitive services.
• know about advocacy and community services.
• lodge complaints freely and access an external grievance mechanism.
• access interpreters or bilingual care workers as needed.
• have an advocate present as desired during interactions with Infinity.

Social Justice

Social justice is the idea that everyone should have equal rights, opportunities, and fair treatment, regardless of their race, economic status, sexuality, or gender identity. It also calls for addressing historical inequalities in political, social, and economic systems and providing support to those consistently denied equality.

The Principles of Social Justice encompass 5 key interconnected ideas: access, diversity, equity, participation, and human rights. These principles are crucial in various efforts to enhance overall equality in society.

1. Access: Access to resources has historically been denied based on factors like race, gender identity, and sexuality. Limited access hinders individuals, communities, and society from achieving equality and poses challenges to living healthy and secure lives. Examples include limited access to healthy food in rural areas, healthcare for all demographics, and quality education for equal opportunities.
2. Diversity: Diversity involves a variety of lived experiences, perspectives, and social groups, encompassing race, gender identity, sexual orientation, age, and social class. Promoting diversity in education, work, and social settings is a key social justice principle. This practice challenges viewpoints, expands thinking, and reduces stereotyping and discrimination. Diversity in media fosters understanding of marginalised communities and empowers individuals to see themselves as inspirational, strong, and independent characters.
3. Equity: While equality ensures equal treatment for everyone, equity focuses on providing what individuals need to succeed, considering their circumstances and addressing past and current inequities. Equity requires policies addressing restricted resource access, providing additional or specialized resources to those previously denied. Examples include increased access to affordable housing, social welfare programs, and educational opportunities for marginalized communities.
4. Participation: Social justice necessitates the participation of all, especially elevating marginalized voices. Changes and solutions without the participation of those historically treated unjustly often fail to address essential issues. Participation of marginalized voices is crucial in politics, activism, education, and other social spaces.
5. Human Rights: Human rights inherently belong to every person and are based on shared values like fairness, equality, respect, and independence. These rights should not be restricted by government or individuals. Human rights include the right to pursue a healthy and happy life with limited interference from government and individuals.

Charter of Healthcare Rights

The  Australian Charter of Healthcare Rights is a document that outlines the rights of patients and consumers when receiving healthcare services in Australia. It serves as a guide to inform individuals about what they can expect during their interactions with healthcare providers. The Charter emphasizes the importance of respectful and collaborative care, acknowledging the rights of patients to be informed, involved in decision-making, and treated with dignity and privacy.

Key principles outlined in the Australian Charter of Healthcare Rights include:

1. Access - The right to access healthcare services that meet one's needs.
2. Safety - The right to receive safe and high-quality care.
3. Respect - The right to be treated with respect, dignity, and consideration.
4. Partnership - The right to be informed about healthcare options and involved in decisions about care and to be included in decisions and choices about one's healthcare.
5. Information – The right to receive clear information about my condition, test and treatment options, and associated risks for informed consent. Get information about services, waiting times, and costs. Receive assistance in understanding and using health information when needed and request access to their health information. Be informed if something goes wrong during their healthcare, including how it happened and potential consequences.
6. Privacy - The right to have personal and health information kept confidential.
7. Give feedback - The right to provide feedback or make a complaint about healthcare experiences.

The Charter serves as a framework to empower patients and ensure that their rights are respected and upheld within the healthcare system. It reinforces the importance of a patient-centered approach in healthcare delivery. Australian society acknowledges that everyone has basic human rights that apply regardless of cultural background, age, gender, sexual preference, income, status or religion. Everyone has the right to be treated with fairness, equality and respect.

Legal Rights in Australia

Some (but not all) of our rights are protected under Australian law, in a mix of Commonwealth and state/ territory statutes and in common law principles. 

Universal Declaration of Human Rights

The United Nations Universal Declaration of Human Rights In 1948, the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights. Australia has signed the declaration, which means that the Government has agreed to uphold the rights in the declaration.

Read

To read further about the protection of human rights, take a look at the following links:

• ‘How Are Human Rights Protected in Australian Law?’ from the Australian Human Rights Commission
• Human Rights Protections’ from the Australian Attorney-General’s Department 
• ‘Human Rights Explained: Fact Sheet 1: Defining Human Rights’ from the Australian Human Rights Commission
• Universal Declaration of Human Rights 

The relationship between rights and needs

A human right is a fundamental entitlement or privilege that every individual is inherently entitled to, often protected by law. An example of a human right is the right to freedom of speech, which ensures that individuals can express their thoughts and opinions without censorship. On the other hand, a human need refers to the basic requirements necessary for survival and well-being.

An example of a human need is access to clean water, as it is essential for maintaining health and sustaining life. The relationship between human rights and human needs is interconnected. Human rights often address fundamental needs, ensuring that individuals have the necessary conditions for a dignified and fulfilling life. For instance, the right to health care corresponds to the need for adequate medical services.

In essence, human rights seek to safeguard and fulfill essential human needs, promoting a just and equitable society.  The following is an example of how human rights and human needs are interconnected. 

Human right

It is a human right to be able to access an education The right to education ensures that every individual has the opportunity to access quality education without discrimination. This includes the right to primary education, secondary education, and higher education.

Human Need

Knowledge and skills The human need in this context is the inherent desire for knowledge and the acquisition of skills. Education provides individuals with the necessary tools to develop their intellectual capabilities, acquire skills, and contribute meaningfully to society.

Relationship

The right to education addresses the fundamental human need for knowledge and skills. By guaranteeing access to education, societies fulfill the essential requirement for individuals to learn, grow, and participate in various aspects of life. This interconnectedness highlights how human rights are designed to meet fundamental human needs, promoting the overall well-being and development of individuals and communities.

You could say that a fundamental right is to have our needs met. Needs and rights fall into four broad categories:

1. Autonomy and freedom of choice
2. Access to services
3. Personal safety and security
4. Access to rights protection and legal remedies As a community services worker your job includes helping your clients to identify their needs.

People have the right to speak for themselves and determine their own needs, but some people may need assistance in expressing them and identifying options for having their needs met. For example, if a person has communication or speech difficulties, you should provide communication aids or use appropriate communication strategies. When working with people from CALD backgrounds, you may need to provide information in a language other than English or organise for an interpreter. Advocacy includes supporting people to access services that meet their needs.

Legal Ethical Considerations -UDHR

The legal and ethical framework for human rights in Australian community services aligns with international standards by drawing inspiration from key treaties, notably the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights, and the Convention on the Rights of the Child. These global agreements establish fundamental principles such as dignity, equality, and non-discrimination. In Australia, these principles influence the development of domestic laws and policies, ensuring a harmonious alignment with international human rights standards.

In the context of community services in Australia, national laws like the Australian Human Rights Commission Act and the Racial Discrimination Act play a pivotal role in governing human rights. These laws reflect the principles outlined in the international human rights framework, emphasizing the protection of fundamental rights and freedoms for all individuals. The alignment of national laws with international standards underscores Australia's commitment to upholding human rights within its borders. 

State and territory laws contribute significantly to the legal and ethical framework for human rights in Australian community services. Anti-discrimination legislation and specific human rights acts at the state or territory level further reinforce the protection of human rights. These laws not only supplement national legislation but also address unique regional considerations, tailoring human rights protections to meet the specific needs and characteristics of diverse local populations. 

Local councils and shires in Australia play a crucial role in promoting human rights within their communities. While lacking legislative powers, they can contribute by implementing policies that align with national and state/territory standards. This includes fostering inclusivity, preventing discrimination, and addressing social issues specific to the community. Local entities serve as advocates, raising awareness, providing resources, and collaborating with higher levels of government to ensure a comprehensive approach to upholding legal and ethical standards in human rights within community services.

 

Advocating for clients will involve using laws, legal systems and legal processes, so you will need a basic understanding of our legal system, knowing which laws are relevant to advocating for your clients, how these laws affect your role and which legal processes can support your clients. You do not need an in-depth knowledge of law or the legal system, but you do need skills in researching relevant laws; and identifying resources, services and agencies that can help your clients, along with a basic understanding of the legal system.

You may also need to research legal issues, laws, policies and processes depending on the sector in which you work and the issues that affect your clients, but there are several areas of law relevant to general advocacy as explained below:

Customary Law

Aboriginal and Torres Strait Islander peoples have practiced their own customary laws for over 60,000 years. Customary laws govern various aspects of life, defining rights and responsibilities to others, land, and natural resources. The diversity of customary laws reflects the diversity among these communities.

The Australian Constitution

The Australian Constitution provides civil and political rights. Examples include the right to a trial by jury for federal offences and the right to practice a religion without interference. The High Court interprets the Constitution and has found implied rights, such as the right to freedom of political communication in a representative democracy.

International Law

International law is shaped by the United Nations (UN), established in 1945 after World War II to foster global peace and security. The UN has developed numerous international human rights agreements which include the 7-core international human rights treaties to which Australia is a party to:

• International Covenant of Civil and Political Rights (ICCPR)
• International Covenant on Economic, Social and Cultural Rights (ICESCR)
• International Convention on the Elimination of All Forms of Racial Discrimination (CERD)
• Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)
• Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)
• Convention on the Rights of the Child (CRC)
• Convention on the Rights of Persons with Disabilities (CRPD)

International law, by itself, lacks enforceability because nations within the United Nations prioritize their sovereignty. When the Australian Government commits to an international human rights treaty, it must integrate the treaty into Australian law. This requires the Australian Parliament to pass a bill, a proposed law, for the agreement to take effect as Australian statute law. The process ensures that international obligations are legally binding within the country.

Statute Law

The Australian Parliament is pivotal in translating the country's human rights commitments into action, as all new domestic laws must receive approval from both the Senate and the House of Representatives.
Several laws have been enacted to fulfill Australia's human rights obligations, making it illegal to discriminate against vulnerable groups.

These laws include:

• Sex Discrimination Act 1984
• Racial Discrimination Act 1986
• Disability Discrimination Act 1992
• Age Discrimination Act 2004

Additionally, states and territories have their own laws, but if any part conflicts with a federal law, the federal law takes precedence. This framework ensures consistency and compliance with human rights standards across the nation.

Common Law

Common law, shaped by judges, is a significant source of rights in Australia. In the landmark case of Mabo and Others v Queensland (No 2) (1992), the High Court acknowledged the pre-existing land rights of Aboriginal and Torres Strait Islander peoples. This recognition led to the enactment of the Native Title Act 1993, establishing a framework for legal recognition of their land rights.
Australian courts also adhere to customs, conventions, and rules that protect the rights of individuals appearing before them, including the right to a fair trial. This right is derived from the International Covenant on Civil and Political Rights (ICCPR), to which Australia is a party.

In interpreting laws made by Parliament, Australian courts may reference international treaty obligations, especially when faced with legal gaps or uncertainties. Judges generally presume that Parliament does not intend to restrict the fundamental rights of Australians.

In Australia, human rights are safeguarded through the following mechanisms:

Australian Human Rights Commission (AHRC)

• Established in 1986, the AHRC is an independent government organisation focused on protecting and promoting human rights.
• Australians can file complaints with the AHRC if they experience discrimination in public life based on race, gender, age, ability, or sexual preference.
• The AHRC conducts free, informal, and impartial conciliation processes to resolve complaints.
• It can also investigate human rights breaches by the Australian Government or its agencies, making recommendations for policy changes after conciliation.

Human rights frameworks describe a set of measures put in place to guide human rights work, for example, the Australian Human Rights Framework. In a workplace, this could mean an organisation has rules that prohibit harassment, bullying and discrimination.

Parliamentary Joint Committee on Human Rights

• Established by the Human Rights (Parliamentary Scrutiny) Act 2011, this parliamentary committee scrutinises bills introduced to the Australian Parliament for compatibility with seven core human rights treaties.
• The committee provides advice to the Senate and House of Representatives on the human rights compatibility of bills.
• While it cannot compel Parliament to follow its advice, its findings can be influential.
• The committee also has the authority to conduct inquiries into human rights issues in Australia when directed by the Attorney-General.
• These mechanisms play crucial roles in upholding human rights standards in Australia, providing avenues for redress and ensuring legislative compatibility with international human rights agreements.

Bill of Rights

In Australia, there is currently no national Bill of Rights, unlike some other democratic countries. However, the Australian Capital Territory (ACT), Queensland, and Victoria have their own human rights laws applicable within their respective states and territory.
A Bill of Rights typically lists citizens' essential rights and is either legislated through parliament or incorporated into the country's constitution. Australia is unique among democracies in not having a national 

Bill or Charter of Rights

Supporters of a national Bill of Rights argue that it would clarify citizens' rights, strengthening democracy. Opponents believe that existing sources, such as international law, federal laws, the Constitution, and common law, adequately define rights, making a Bill of Rights unnecessary.
When facilitating the interests and rights of clients, you will also need to have an understanding of the following legal and ethical considerations and how they may impact you as a community worker.

Negligence and duty of care

Whenever we are in a situation where our actions may affect others, we have a duty to take care that we do not cause reasonably foreseeable harm through acting carelessly or negligently—this is duty of care. In advocating for our clients and supporting their rights and interests, we must be aware of our duty of care towards them. If we do cause harm through negligence, those harmed can take legal action against us for redress. When we are advocating for a client, our duty of care includes providing the client with all the relevant information about their options and the likely outcomes of their choices so they can make informed decisions about what to do. The information we provide must be accurate, and we must not try to influence our clients to take any particular course of action. 

Dignity of Risk 

The concept of ‘dignity of risk’ is often referred to in disability services, but it applies to clients in any community services sector. It means that we all have a right to take reasonable risks in our lives. We learn through the consequences of our actions, and taking reasonable risks can contribute to this kind of learning. As community services workers, we should not limit our clients’ freedom to take reasonable risks in order to protect them from all possible harm. This means that we must weigh up the risks and benefits to our clients when we are providing advocacy support, and ensure that they are aware of potential risks so that they can make informed choices. Allowing for dignity of risk is a part of our duty of care.

Discrimination

To discriminate means to single someone out and treat them differently from others based on one of their characteristics. You can discriminate positively and treat someone better than others, or you can discriminate negatively and treat someone worse than others. For example, you might give someone preference over another based on a characteristic that you like or approve of. This discriminates both positively (towards the person with the preferred characteristic) and negatively (towards people who do not have the preferred characteristic). Hence, Discrimination includes any actions that reflect unjust or prejudicial treatment based on characteristics such as race, gender, age, religion, disability, sexual orientation, or other protected attributes. Actions may involve unequal treatment, harassment, exclusion, or biased decision-making. Australia’s anti-discrimination laws are intended to protect people against unfair discrimination. Discrimination is usually based on a characteristic such as race, ethnicity, religion, age, gender, gender preference/identity, status or disability. In supporting the rights and interests of your clients, you need to be aware of what discrimination means, how it affects individuals and whole groups of people, and which laws to use to protect your clients.

• It is crucial to ensure that all clients are treated fairly and without discrimination based on factors such as race, gender, age, or disability.
• Recognise and challenge any discriminatory practices within your organisation.

Addressing discrimination requires proactive measures at individual, organizational, and societal levels. Here are some techniques to combat discrimination:

1. Education and Awareness
   Technique: Promote education and awareness campaigns to inform individuals about the impact of discrimination and the importance of diversity and inclusion.
   Implementation: Conduct workshops, training programs, and awareness campaigns to foster understanding and empathy.
2. Equal Opportunity Policies
   Technique: Implement and enforce policies that ensure equal opportunities and fair treatment for all individuals, regardless of their background.
   Implementation: Establish anti-discrimination policies in workplaces, schools, and other institutions, and provide training to enforce compliance.
3. Diverse Representation
   Technique: Ensure diverse representation in decision-making roles and leadership positions to reflect the variety of backgrounds within an organization.
   Implementation: Establish diversity initiatives, mentorship programs, and inclusive hiring practices to promote representation at all levels.
4. Reporting Mechanisms
   Technique: Establish confidential reporting mechanisms for individuals to report incidents of discrimination without fear of retaliation.
   Implementation: Create clear reporting procedures, investigate complaints promptly, and take appropriate action against perpetrators.
5. Legislation and Legal Protections
   Technique: Advocate for and enforce anti-discrimination laws and legal protections.
   Implementation: Work towards the development and enforcement of laws that prohibit discrimination based on various characteristics, ensuring legal consequences for violators.
6. Community Engagement
   Technique: Encourage community engagement and collaboration to address discrimination collectively.
   Implementation: Foster dialogue, partnerships, and community initiatives that promote understanding, tolerance, and respect among diverse groups.
7. Promoting Inclusive Practices
   Technique: Integrate inclusive practices in all aspects of society, acknowledging and celebrating diversity.
   Implementation: Encourage inclusive language, design accessible spaces, and promote cultural competence in education, workplaces, and public services.
8. Empowering Advocacy Groups
   Technique: Support and empower advocacy groups that work towards combating discrimination and promoting equality.
   Implementation: Provide resources, visibility, and platforms for advocacy groups to raise awareness, challenge discriminatory practices, and influence policy changes.

Privacy, Confidentiality, and Disclosure

Privacy and confidentiality are important legal and ethical requirements in all aspects of community services work, including supporting your client’s rights and interests. Workers must keep information about their clients confidential unless they have the client’s permission to disclose it (except if disclosure is needed to avoid risk of serious harm or if the information is formally requested by a court of law). Organisations are bound by the requirements and principles of the Privacy Act 1988 (Cth) in how they collect, store, manage and use information about clients.

• Respect and protect the privacy of clients by maintaining confidentiality about their personal information.
• Understand the circumstances under which disclosure may be necessary, such as when there is a risk of harm to the client or others.

Informed Consent
Informed consent and legal consent are related concepts. Informed consent refers to making choices and decisions and giving consent to a course of action, for example, giving consent to medical treatment, which would need to include having all the relevant information about the treatment and its possible outcomes.

For consent to be legal, the person giving consent must:

• Have the capacity to understand the nature of what they are agreeing to and the potential consequences
• Be a legal adult (over the age of 18)
• Give their consent voluntarily, that is, without coercion, threats, bribes or inducements, or force
• Be fully informed, that is, have all the relevant information about the choice or decision and its potential consequences or outcomes, in a form that they can understand. When you are supporting a client’s rights to make choices and decisions, you should keep these requirements in mind.

Your duty of care towards your clients includes making sure they have all the information they need to make informed decisions and give legal consent, for example, to lodge a complaint about unfair treatment or to appeal against a decision that affects them, therefore it is important that you:

• Obtain informed consent from clients before providing services, ensuring they understand the nature, purpose, and potential risks or benefits of the assistance you are offering.
• Familiarise yourself with your organisation's complaints procedures and legal obligations.
• Be aware of reporting mechanisms for any concerns or ethical issues that may arise in your work.

Rights and Responsibilities of Clients, Workers, and Organisations

The relationship between clients and service providers includes rights and responsibilities on both sides. In general terms, if you are providing a service, your client has a right to expect that you will provide the service as agreed and to the standard required. Your job role description or duty statement gives a clear description of your responsibilities. Your organisation’s policies and procedures provide information about your rights as an employee and your responsibilities to the organisation.

Service Agreements and Contracts

Having a service agreement or service contract is good practice, especially within an advocacy context, because it helps to clarify the client’s expectations and provides a point of reference if issues or questions arise about the service. A service agreement or contract outlines the services to be provided, actions to be taken and the responsibilities of each party.

Statements and Charters of Clients’ Rights and Responsibilities

Some community services sectors and organisations that provide services have their own charters or statements of clients’ rights and responsibilities. These help to clarify what is expected of service providers and of clients, and help to set the ‘rules’ for service provision. Charters of rights and responsibilities also provide a good starting point for advocating for a client in addressing issues about service provision and how they are treated by service providers.

• Understand and communicate the rights and responsibilities of clients, workers, and your organisation.
• Advocate for the rights of clients while ensuring ethical and legal responsibilities are met.

Child Protection

Community service workers need to recognise, consult, and address situations where a child or young person is at risk of significant harm. Typical factors leading to significant harm for children and young people may include:

• Domestic and family violence
• Physical, sexual, and/or emotional abuse
• Neglect

The impact of violence, abuse and neglect can span across all domains of a child’s development. Children who experience violence, abuse and neglect are more likely to have problems with:
learning and development
physical and mental health
behaviour.

In situations where the safety and wellbeing of a child is at risk, you might need to act in the best interests of the child in preference to those of your client. Check your organisation’s policies and procedures; your state/ territory’s child protection legislation, policies and procedures; and discuss the issue with your supervisor. 
Child protection is a critical aspect across health and community services contexts. It involves safeguarding children from harm, abuse, neglect, and exploitation. This is relevant in various ways:

Duty of Care

Even when a child is not the direct client, professionals in these sectors have a duty of care towards them. This means they are legally and ethically obligated to ensure the child's safety and well-being. For instance, if a healthcare provider is treating a parent and notices signs of child abuse or neglect, they have a duty to report this.

Indicators of Risk

Professionals in health and community services are often in a position to identify indicators of risk to a child's safety or well-being. These can include physical signs of abuse, behavioural changes, or signs of neglect such as malnutrition or poor hygiene.

Adult Disclosure

Adults may disclose information that indicates a child is at risk. This could be a parent admitting they're struggling to care for their child, or an adult disclosing they were abused as a child, which could indicate a risk to any children they're now in contact with.If an adult discloses concerns about a child, service providers should listen empathetically, reassure confidentiality within legal limits, and gather as much information as possible. Providers must then follow mandatory reporting obligations by reporting the concerns to the relevant child protection authority in accordance with state or territory legislation.

Abuse and Neglect

Legislation that clearly outlines what constitutes child abuse and neglect. This serves as a foundation for identifying and addressing instances of harm to children. See the following link about child protection legislation from the Australian Government site: https://aifs.gov.au/resources/resource-sheets/australian-child-protection-legislation

Regulations on Reporting Responsibilities

Regulations that specify the duties of professionals in reporting suspected cases of child abuse or neglect.
Professionals are legally obligated to report concerns, contributing to the early identification and intervention in potential cases of harm.

Laws Safeguarding Rights During Investigations

Legislation establishing the rights of children and families during child protection investigations.
These laws aim to ensure a fair and respectful process while investigating concerns about the well-being of a child. Overall, these laws and regulations are crafted to safeguard children, uphold their rights, and ensure accountability for those responsible for causing harm. Each state and territory in Australia has its own child protection legislation, in addition to Commonwealth legislation. Key principles based on human rights conventions and frameworks underpin Australian legislation to ensure it is consistent and upholds children’s rights and interests.

Mandatory Reporting

Legislation on mandatory reporting provides a specific list of occupations obligated to report suspected cases of child abuse and neglect. In every state and territory except the Northern Territory (NT), this list comprises professions that regularly interact with children in their professional capacity. Examples include teachers, early childhood educators, welfare practitioners, medical practitioners, police, and religious ministers.
In the NT, however, a distinctive approach is adopted. Unlike other regions, the mandate extends to all adults, irrespective of their occupation. This means that in the Northern Territory, any adult who becomes aware of or suspects child abuse or neglect is legally obligated to report such cases.

If you have reasonable grounds to suspect child abuse or neglect, and depending on your work role and responsibilities, you may be obligated to report it to the appropriate authorities as per mandatory reporting laws.

Read

To read further details about mandatory reporting within Australia, click on the following link from the Australian Institute of Family Studies (AIFS) government website. 
https://aifs.gov.au/resources/resource-sheets/mandatory-reporting-child-abuse-and-neglect 

Guardianship and Power of Attorney

There are some situations where advocating for a person (an individual) may require having someone to act on behalf of the person, to make decisions when the person cannot and to represent the person’s best interests. Areas of law relevant to such situations include: 

Guardianship 

Guardianship is a legal option for making decisions on behalf of a person who cannot make decisions for themselves, due to age (where the person is legally a minor) or other factors such as incapacity. Guardianship includes the duty to act in the person’s best interests and oversee their welfare. Guardianship means that a person is appointed to represent another person’s interests and to make decisions on their behalf on matters that affect their lives. These decisions may include health care or medical treatment, where the person should live, financial management and other matters of the person’s daily life and life decisions. A guardian is not the same as an advocate: a guardian makes decisions on behalf of the person, and an advocate expresses and upholds the person’s own wishes and decisions. 

There are two kinds of guardianship:

1. Limited guardianship A guardian is appointed to make decisions about a particular area such as finances. 
2. Plenary (full) guardianship A guardian is appointed to make whole-of-life decisions

Power of Attorney 

Power of attorney is a mechanism for an adult to appoint another person to act on their behalf, usually in legal and/or financial matters, and to make decisions for them when they are not available or are incapacitated, for example, if someone is leaving the country for an extended period, or in case the person is injured or becomes ill to the extent where they lose the capacity to make their own decisions. Most states/territories have their own legislation and legal requirements for power of attorney. A power of attorney can be made only while the person granting it still has the capacity to make decisions.

Legal status of parents and guardians 

If you work in an area where you might be supporting the rights and interests of children, you may need to understand the legal status of parents and guardians of children. In general terms, parents have the same legal status as guardians and have primary responsibility for making decisions on behalf of their children. Parents have the legal right to make decisions about their children, as well as have legal responsibilities for the care of their children. Appointing a guardian for a child if no parent is available, or where a parent has been deemed unfit through a legal process, is a complex area. The overarching principle is always the primacy of the best interests of the child. Establishing a parental relationship can also be complex, for example, in situations where the child is not the biological child of the parent

Facilitate the realisation of client interests, rights and needs

When working with clients you will need to consider how you will actively support and enable clients in achieving and enjoying their goals, entitlements, and requirements. 
As a community service worker, this involves taking actions that empower and advocate for the well-being and rights of the individuals you are assisting. This may include helping clients access necessary services, ensuring their rights are respected, and addressing their needs in a way that promotes their overall welfare. Essentially, it's about actively working to make sure that clients can achieve their objectives, exercise their rights, and have their essential needs met.

To do this, you may consider the following:

Discuss the rights and responsibilities of all parties with the client

• Initiate a conversation with the client about their rights and responsibilities.
• Clearly explain the rights and responsibilities of all parties involved, including the client, ensuring they understand their role in the process.

Provide the client with researched, relevant, and timely information on their rights and responsibilities

• Conduct thorough research on the rights and responsibilities relevant to the client's situation
• Share this information with the client in a clear, accessible manner, ensuring it is timely and pertinent to their circumstances.

Assist clients to identify their own interests, rights, needs, choices, and responsibilities

• Engage in open and respectful communication with the client to identify their personal interests, rights, needs, choices, and responsibilities.
• Encourage the client to express their preferences and concerns.

Identify when rights are infringed or not being met

• Stay vigilant and observant to identify instances where the client's rights are infringed or not adequately met.
• Listen actively to the client's experiences and concerns to detect any discrepancies with their rights.

Provide the client with information on available options for meeting their rights and needs and assist them in identifying their preferred options

• Present the client with a range of options available to address their rights and needs.
• Assist the client in evaluating these options, providing support in the decision-making process.
• Help the client identify and express their preferred option, considering their interests and desired outcomes.

Throughout this process, always ensure that the client's voice and choices are prioritised. Regularly check in with the client to confirm their understanding and satisfaction with the information and options provided.

Ethical Issues and Considerations in Advocacy

Advocating for your clients involves making decisions about the right thing to do. You will need a sound understanding of key ethical principles, as well as skills in resolving ethical issues and dilemmas, because deciding on the right course of action is rarely simple. Referring to relevant codes of ethics and codes of practice is always a good starting point. Some of these codes are based on legal principles and service standards, so legal and ethical issues sometimes overlap.

Ethical considerations are questions about right and wrong. Our ideas about right and wrong are based on our culture, personal values and beliefs, history and experience. In resolving ethical questions in community services work, we might refer to relevant laws and what the law requires us to do; our own personal ethics, values, and beliefs; and codes of ethics, codes of practice, and service standards for our industry sector, profession or area of work. 

Law and Ethics

What is ethical and what is legal are not always the same. Sometimes there is a conflict between a law and an ethical principle. It is possible to have bad or unethical laws. For example, there have been laws that discriminated unfairly against some groups of people and supported unethical practices, such as the laws and policies that resulted in the removal of Aboriginal and Torres Strait Islander children from their families; imposed restrictions on where Aboriginal and Torres Strait Islander people could live; and the denial of their right to vote or be counted as citizens. This kind of conflict between law and ethics is relevant to advocacy and supporting clients’ rights when a law results in unfair treatment. One of the aims of advocacy is to address this kind of inequity. 

Personal Ethics 

We each have our own personal values and beliefs that influence our personal ethics. Sometimes there may be a conflict between our personal ethics, values and beliefs and what our job requires us to do. For example, a community worker who has a strong belief that terminating a pregnancy for whatever reason is wrong might experience a conflict in being expected to provide a client with information about abortion services. It is very important for community services workers to be aware of their own values, beliefs and personal ethics and how these affect their work

Professional Ethics

Most professions have a code of ethics or a code of practice that sets guidelines for good or ethical practice. For community service workers, the   Australian Community Workers’ Code of Ethics and Australian Community Work Practice Guidelines are the most relevant.

Key Ethical Principles

Key ethical principles in community services work, including advocacy and supporting clients’ rights and interests, include the following

• Do no harm
• Respect individuals and their rights
• Accept and value diversity.
• Support autonomy and self-determination
• Support human rights.
• Treat people fairly and without discrimination
• Be non-judgmental
• Be accountable
• Behave with honesty and integrity.

Summary key considerations:(Interntional/National/State and Territoty/Local Level)

Duty of Care

a) Duty of care is implicitly embedded in the principles of the Universal Declaration of Human Rights (UDHR), aligning with community services organizations to protect individuals from harm and ensure their security.

b) The Model Work Health and Safety (WHS) Act mandates a duty of care for persons conducting a business or undertaking (PCBU) to maintain a healthy and safe workplace. Employers, typically regarded as PCBUs, are legally obliged to ensure workers can carry out their work safely and without risk to their health.

c) In Victoria, the duty of care in community services aligns with the Disability Act 2006, upholding rights and protections for individuals with disabilities.

d) Local councils play a role in ensuring well-being, aligning the duty of care in local mental health support programs with council policies, addressing community-specific mental health needs, and contributing to residents' overall well-being.

Ethical considerations include always following principles of respect for all persons being cared for. Individual workers must ensure actions align with duty of care, prioritizing clients' well-being and safety.

Mandatory Reporting

a) Internationally, mandatory reporting requirements in Australian community services align with broader human rights principles.

b) The National Law of Australia contains mandatory reporting obligations for health practitioners, employers, and education providers, protecting the public from practitioners who may pose a risk.

c) In New South Wales, the Children and Young Persons (Care and Protection) Act 1998 outlines legal obligations for mandatory reporting of child abuse.

d) Local mandatory reporting frameworks align with local council policies, contributing to identifying and reporting domestic violence cases, enhancing community safety. Ethically, transparency and honesty in reporting incidents and injuries are crucial. Workers are legislatively obligated to report incidents, ensuring necessary protection and intervention for clients.

Discrimination

a) The UDHR's Article 2 emphasizes the right to non-discrimination, aligning with Australia's framework to ensure equal access to rights and services in community services.

b) National laws like the Age Discrimination Act 2004, Disability Discrimination Act 1992, and Racial Discrimination Act 1975 protect against discrimination based on age, disability, and race.

c) In Victoria, the Equal Opportunity Act 2010 prohibits discrimination, emphasizing equal opportunity and fair treatment.

d) Local councils promote diversity and inclusion, aligning with local council policies to ensure discrimination-free community programs. Ethically, eliminating bias is essential, as discrimination can lead to legal consequences, damage relationships, and negatively impact organizational culture.

Privacy, Confidentiality, and Disclosure

a) The right to privacy in UDHR Article 12 aligns with Australia's framework, respecting individuals' privacy in community services.

b) The Privacy Act 1988 protects personal information handling, while in Victoria, the Health Records Act 2001 regulates health information.

c) Local councils adhere to guidelines for handling sensitive information, ensuring confidentiality and legal compliance.

d) Ethically, workers must avoid discussing clients or organizations publicly to protect privacy. Legally, breaching privacy can lead to severe consequences for both worker and organization.

Informed Consent

a) The UDHR's principle of autonomy aligns with Australia's informed consent framework, prioritizing individual autonomy in community services.

b) The Model WHS Act outlines responsibilities to seek informed consent when dealing with clients' matters and sensitive issues.

c) In Victoria, the Health Records Act 2001 and Mental Health Act 2014 detail requirements for obtaining informed consent.

d) Local community services align with local council policies, ensuring individuals have the right to make informed decisions. Ethically, obtaining consent responsibly is crucial, and failure may result in legal consequences for the worker.

Organisation and Legal Complaints Process

a) UN principles emphasize effective complaints mechanisms, aligning with Australia's healthcare complaints processes and the Charter of Healthcare Rights.

b) The Australian Charter of Healthcare Rights outlines individuals' rights to provide feedback and make complaints.

c) In Victoria, the Health Complaints Commissioner Act 2016 empowers individuals to complain about health service providers.

d) Local organizations align with council policies, incorporating community feedback mechanisms. Ethically, handling complaints impartially is vital. Failure to follow complaint processes may lead to disciplinary actions and harm the organization's reputation.

Rights and Responsibilities of Worker, Employers, and Clients

a) The UDHR asserts the right to work and just conditions, aligning with Australia's community services to promote respectful and supportive work environments.

b) The Model WHS Act defines rights and responsibilities, emphasizing safety and health obligations for workers, employers, and clients.

c) In Queensland, the Human Rights Act 2019 influences the rights and responsibilities in community services.

d) Local council policies shape community services' rights and responsibilities, promoting collaborative approaches. Ethically, respecting professional boundaries is crucial, and non-compliance may result in legal consequences, impacting job security and relationships.

Watch

The following video from The Ethics Centre  provides a break down of what ethics is and how it applies to us.