Legal and Ethical Considerations

Some domestic and family violence behaviours are also criminal offences (e.g. assaults), and these types of offences are dealt with under state/territory laws.

The Australian Legal System

It is essential to recognise that you MUST look up the following information relevant to the state/ territory that you will be working in. Each state and territory will have differences in reporting and following policy.

The Law and Domestic and Family Violence

There is no national overriding domestic and family violence legislation in Australia. Each state/territory is responsible for legislating and providing services to support people affected by domestic and family violence.

However, legislation is consistent across different states/ territories. There are similar avenues within each state/ territory for obtaining protection orders, and individual state/territory services reflect the approaches outlined in the National Plan to Reduce Violence Against Women and Their Children 2010–2022, with a focus on raising community awareness and providing support services.

Some domestic and family violence behaviours are also criminal offences (e.g. assaults), and these types of offences are dealt with under state/territory laws.

Watch

Watch this video below on domestic violence and the law.

The Role of the Police

State/territory police have powers to intervene in domestic violence situations, but these powers and responsibilities vary across different jurisdictions.

Generally, police can intervene when a person’s safety is at risk, especially if the safety of children is at risk, and can support applications for protection orders. If an offence has been committed, police have their usual powers of arrest.

In the past, police have often been reluctant to intervene in a domestic violence situation, partly because of a belief that it is a private matter and partly because people subjected to domestic violence were often reluctant to make a formal complaint against the perpetrator. The influence of myths and mistaken beliefs about domestic and family violence is also a factor.

In recent times, efforts to raise awareness and change attitudes have had an impact, and in most states/ territories, police are taking a more active role in providing support.

Protection Orders

Protection orders are orders issued by courts to protect victims from future domestic and family violence. They are variously referred to as family violence orders, family violence restraining orders, family violence intervention orders and domestic violence orders.

The process for obtaining an order varies across different jurisdictions but usually includes making a complaint to the police and approaching a magistrate or civil court to issue the order. Evidence must be provided to support allegations of past violence, threats and risk of violence.

An order usually specfies that an alleged perpetrator may not have contact with a complainant in person and/or by telephone, email or other means.

While there are differences across various states/ territories, orders are enforceable nationally.

Duty of care is a legal obligation that requires organisations and practitioners to ensure the safety and well-being of those in their care or who access their services.
Duty of care requires organisations and practitioners to take reasonable care to protect those who access support and services from harm.

The law does not define what reasonable care is. This is because reasonable care may depend on:

• your experience
• your training
• your qualifications
• the age and capacity of the person to whom you owe a duty of care
• your position within the organisation.

Supervisors are likely to have a higher duty of care than less senior members of a team.

You may also owe a duty of care to the people who you work with, visitors to your organisation, and to the families and other support network members of the people who you care for and work with.

Generally, reasonable care is determined by considering what a group of ordinary people would see as reasonable in a given situation. Ordinary people are your peers, and the given situation would consider the specific circumstances (such as your experience, training, qualifications and so on).

Although rare, you could be sued if you breach your duty of care and the person in your care is injured or dies. In most cases, your organisation will protect you from being sued but they may not offer this protection if you have the following:

• failed to follow your organisation’s policies and procedures
• broken the law
• clearly breached your duty of care.

What Is My Duty of Care?

You have a duty of care to all your clients and their children. You must meet a reasonable standard of care and act on any concerns about the safety of your clients or their children. Follow your organisation’s policies and procedures and the relevant service standards, codes of practice and codes of ethics for your sector.

The duty of care encompasses both a legal and ethical obligation to ensure the safety and well-being of clients. Nationally, the Family Law Act of 1975 emphasizes the protection of children from harm, including exposure to family violence. Ethically, practitioners have a responsibility to prioritize client welfare and safety. In organizational practice, this means conducting thorough risk assessments to identify potential harm and taking appropriate measures to manage these risks. On an individual level, practitioners must maintain accurate records of interactions with clients, including risk assessments, safety plans, and any disclosures of domestic and family violence, ensuring compliance with legal requirements and ethical standards.

Understanding your duty of care in providing support for domestic and family violence (DFV) is paramount. In the context of DFV, your duty of care extends to survivors who seek assistance and guidance to escape abusive situations and rebuild their lives.

1. Safety and Protection
   Your primary responsibility is to prioritize the safety and protection of survivors of domestic and family violence. This includes assessing and addressing immediate safety concerns, such as providing access to emergency accommodation, coordinating with relevant support services, and facilitating legal protection orders if necessary.
2. Confidentiality and Privacy
   Upholding confidentiality is crucial in building trust with survivors. You must maintain strict confidentiality regarding any information disclosed by survivors, unless there is a legal obligation or risk of harm that requires disclosure to appropriate authorities. Respecting survivors' privacy ensures they feel safe and empowered to seek support without fear of judgment or repercussions.
3. Non-Discrimination and Cultural Sensitivity
   Understand and appreciate the diverse backgrounds and experiences of survivors, including cultural, linguistic, and socio-economic factors that may impact their help-seeking behaviours and support needs. Avoid making assumptions or judgments based on stereotypes, and ensure your support is inclusive, respectful, and culturally sensitive.
4. Trauma-Informed Practice
   Adopt a trauma-informed approach in your interactions with survivors, recognizing the profound impact of trauma on their physical, emotional, and psychological well-being. Create a safe and supportive environment that minimizes re-traumatization, promotes trust and empowerment, and fosters healing and resilience.
5. Professional Boundaries and Self-Care
   Maintain clear professional boundaries to ensure ethical practice and prevent potential conflicts of interest or harm to survivors. Prioritize self-care to mitigate the emotional toll of supporting survivors of DFV, seek supervision and support when needed, and engage in ongoing professional development to enhance your knowledge and skills in this complex area of practice.

The following passage provides a clear overview of your general duty of care in a domestic violence situation:

Watch

Watch the video below, "What is Duty of Care? Duty of Care vs Dignity of Risk" from YouTube. Answer the questions below once you have watched the video.

Over the past 30 years, the Commonwealth Government and the state and territory governments have introduced laws to help protect people from discrimination and harassment. The following laws operate at a federal level, and the Australian Human Rights Commission has statutory responsibilities under them:

• Age Discrimination Act 2004
• Australian Human Rights Commission Act 1986
• Disability Discrimination Act 1992
• Racial Discrimination Act 1975
• Sex Discrimination Act 1984.

Commonwealth laws and state/territory laws generally overlap and prohibit the same type of discrimination. Both state/territory laws and Commonwealth laws apply; you must comply with both. Unfortunately, the laws apply in slightly different ways, and there are some gaps in the protection that is offered between different states and territories and at a Commonwealth level. To work out your obligations, you will need to check the Commonwealth legislation and the state or territory legislation in each state in which you operate.

Consideration:

Discrimination

Legal Perspective: All organizations and individuals must comply with anti-discrimination laws, such as the Anti-Discrimination Act 1977, to address discrimination and promote a culture of inclusivity.

Ethical Perspective: Treating clients affected by domestic and family violence with sensitivity, compassion, and without judgment is crucial to uphold ethical standards.

Application in Organizational Practice: Organizations should implement policies to address discrimination, fostering a culture of inclusivity and ensuring all staff are trained to recognize and challenge discriminatory practices.

Application in Individual Practice: Individuals must challenge discriminatory behavior and language, advocating for inclusivity in their personal interactions and ensuring that all clients feel respected and valued.

You will also need to check the exemptions and exceptions in both the Commonwealth and state/territory legislation as an exemption or exception under one Act will not mean you are exempt under the other. Australian Human Rights Commission. (2014). Good practice, good business.

Consideration of Human Rights

Legal Perspective

Under the Australian Human Rights Commission Act 1986, all individuals and organizations are mandated to respect human rights, dignity, and equality. This legislation underpins the commitment to upholding these values across various sectors, including the field of domestic and family violence.

Ethical Perspective

From an ethical standpoint, upholding human rights principles involves ensuring fair treatment and access to services for all individuals. This ethical obligation is critical in fostering an environment of respect and equality.

Application in Organizational Practice

Organizations should incorporate human rights frameworks into their policies and practices, ensuring that they align with national legislation and ethical standards. This includes developing guidelines that promote equality, non-discrimination, and respect for all clients, particularly those affected by domestic and family violence.

Application in Individual Practice

On an individual level, practitioners should uphold human rights principles in their daily interactions, respecting the dignity and equality of each client. This involves treating clients with compassion, ensuring their rights are protected, and advocating for their fair treatment within the system.

There are two terms that you will hear a lot about in the community services sector: human rights and human needs. We will now look at what these terms mean and how they relate to each other.

What are Human Needs?

A lot of research work has been completed on human needs, and there are many definitions and theories. The majority of theories agree that the term ‘human need’ refers to basic necessities that are required for survival such as food, water, shelter and safety. A more expansive list of human needs might also include elements like love, belonging and self-fulfilment.

Human needs in the context of community services are based on Maslow’s hierarchy of needs. Maslow’s hierarchy of needs is shown below.

What are Human Rights?

While human needs refer to the needs of an individual, human rights encompass the relationships and meeting of needs between people. The Australian Human Rights Commission describes human rights as:

Because women and children are the ones most often affected by domestic and family violence, the rights of women and children are particularly relevant.

The Rights of Women

The fundamental rights of women include the right to:

• An adequate standard of living
• Physical and mental health
• Safety and freedom from violence
• Education and work under fair conditions
• Not be discriminated against on the grounds of sex, relationship status or pregnancy
• Special protections for a reasonable time before and after childbirth
• Take part in cultural life and the conduct of public affairs

Domestic and family violence violates almost all of these rights, especially the right to safety and freedom from violence.

The Rights of Children

Australia is a signatory to the United Nations

Convention on the Rights of the Child (CRC), 1990.

The four Guiding Principles of the CRC are:

• respect for the best interests of the child as a primary consideration
• the right to survival and development
• the right of all children to express their views freely on all matters affecting them
• the right of all children to enjoy all the rights of the CRC without discrimination of any kind

Domestic and family violence violates these rights.

Anti-Discrimination Laws in Australia.

All people in Australia are protected from discrimination in accessing medical services, community services, transport, housing, education and employment. They are given equal employment opportunities by law. This legislation protects people against discrimination on the basis of:

• race (including colour, national or ethnic origin, or immigrant status)
• sex
• age
• marital or relationship status
• disability
• sexual orientation, gender identity or intersex status.

Individuals can also make a complaint to the Fair Work Commission about discrimination in employment because of their:

• religion
• political opinion
• national extraction
• nationality
• social origin
• medical record
• criminal record
• trade union activity.

What is Discrimination?

The Australian Human Rights Commission describes two ways people may be discriminated against: direct and indirect.

Direct discrimination happens when a person or a group of people is treated less favourably than another person or group because of their background or personal characteristics.

Indirect discrimination happens when a policy or rule that applies to everyone has the effect of disadvantaging some people because of personal characteristics.

Watch

Victoria Legal Aid has a useful YouTube video about the laws involved in discriminating against new arrivals to Australia.

Anti-discrimination laws apply to all aspects of work across the community services industry, including working with people affected by domestic and family violence.

Mandatory Reporting

Consideration of Mandatory Reporting

From a legal perspective, compliance with mandatory reporting obligations, such as those outlined in the Child Wellbeing and Safety Act 2005, is crucial. Ethically, mandatory reporting is essential to safeguard vulnerable individuals, particularly children, from harm. In organizational practice, this involves ensuring that all instances of domestic violence are reported in accordance with legal requirements. On an individual level, it necessitates a personal commitment to report any instances of domestic violence as mandated by law, thereby protecting those at risk and promoting a culture of accountability and safety. If you find that a child or young person is at risk of harm or has been harmed in a domestic and family violence situation, you must follow mandatory reporting requirements under your state/territory’s child protection legislation.

Every state and territory has laws that mandate the reporting of suspected child abuse and neglect. These laws vary significantly from state to state on who is required to report, how they are required to report and when they are required to report. Therefore, it is critical that you are familiar with your state or territory’s laws as well as your organisation’s policies and procedures around mandatory reporting.

You have responsibilities related to the safety of the children and young people in your care. You also have a role in ensuring that your team implements and adheres to policies and procedures. You may need to support your team members in reporting child abuse.

Visit the Child Safe Organisations website for more information on child safety.

All community services organisations, including services for people affected by domestic and family violence, should follow the National Principles, which are designed to ensure that environments, policies and procedures are safe for children and young people.

The Wheel of Child Safety

This diagram, created by the Commissioner for Children and Young People of Western Australia, identifies Conti:

Industry and Organisation Standards, Policies and Procedures

You can encounter people affected by domestic and family violence when working in any sector of the community services industry.

Many states/territories have their own practice standards and principles for working with people affected by domestic and family violence that reflect principles from the National Strategy. The following quote is an example of these principles and standards:

Summary of principles and standards

1. The rights, safety, and dignity of victims are paramount
   • Respectful, developmentally appropriate, culturally appropriate and non-judgemental approach
   • Ensuring victim safety
   • Risk assessment, management and safety plans
2. Staff understand domestic and family violence
   • Understanding of domestic and family violence
   • Understanding of gender, power, and control
3. Services are evidence-informed
   • Evidence-informed practice
4. Perpetrators are held accountable for their actions
   • Ensuring safety, responsibility and accountability
5. Services are culturally safe for Aboriginal and Torres Strait Islander people
   • Ensuring cultural safety
6. Services are client-centred and accessible for all
   • Ensuring appropriate responses for all cohorts
   • Client focussed approach
   • Accessible and equitable support and assistance
7. Services collaborate to provide an integrated response
   • Working with other domestic and family violence service providers
   • Working with organisations outside the service system.

(Department of Children, Youth Justice and Multicultural Affairs, Queensland Government)

Privacy, Confidentiality and Disclosure

In all areas of community service work, including domestic and family violence, you must comply with privacy legislation requirements. You must also follow your organisation’s confidentiality guidelines and procedures.

Generally, clients of community services have the right to expect that information about them will be kept confidential and will not be disclosed to a third party without their consent. However, there are exceptions to this.

One exception to maintaining a client’s right to confidentiality is when the safety of a person is at risk. This exception often applies to domestic and family violence situations when your duty of care may justify disclosing confidential information in order to keep someone safe.
Another exception is when the information is requested by a court of law – in some cases, you may be required to disclose information about knowledge of criminal activities.

Consideration of Privacy, Confidentiality, and Disclosure

Legal Perspective:

Handling sensitive information in compliance with privacy laws, such as the Privacy Act 1988, is essential to protect client information.

Ethical Perspective: There is an ethical duty to maintain trust by respecting privacy and confidentiality.

Application in Organizational Practice: Organizations should establish clear protocols for handling sensitive information, ensuring that all staff members are aware of and adhere to these guidelines.

Application in Individual Practice: Individuals should safeguard confidentiality in personal interactions, ensuring that client trust and privacy are consistently maintained.

Australia has strong privacy laws that must be upheld by any organisation that gathers and retains private and confidential information about their clients.

Privacy

In the course of a day, in many organisations, a vast amount of personal information about clients is exchanged between staff. The data might relate to employment details, spending habits, online viewing habits, income, taxation, health, business interactions, banking, sporting clubs, dating, identity and so on. The list is almost endless. And with the advent of information technology, it is easy to collect, store, manipulate, access and share this information with others.

Private information is a commodity, so there are serious implications for workers and for organisations when it comes to exchanging and using other people’s personal details. Legislation has been developed to protect individuals and to help us each have control over our own information. There are also privacy standards, which are principles that guide organisations in how information is used.

What is Personal Information?

Personal information is information about an individual that identifies them or allows for their identity to be easily worked out. Personal information includes a person’s name, home address, mailing address, email address, marital status, financial information, medical information, ethnicity and religion.

The Australian Privacy Principles

There are 13 Australian Privacy Principles (APPs), and their purpose is to govern standards, rights and obligations regarding:

• the collection, use and disclosure of personal information, an organisation or agency’s governance and accountability
• integrity and correction of personal information
• the rights of individuals to access their personal information.

The APPs give organisations the flexibility to adapt how they handle personal information to their business models and the needs of individuals. This is particularly important for gathering, storing, and accessing the private and personal information of your clients.

The principles determine how you are able to disclose or share information you have gathered about your clients when working with other organisations, government departments and legal authorities.

The AAPs require you to ensure that clients understand what information you are gathering, why you are gathering it, and how you will use it and disclose it. Your clients have the right to expect that you will treat their personal information with care and respect for their privacy. Any breach of an APP is a serious offence and can lead to regulatory action and penalties.

All organisations, especially ones that access government funding to provide services, should have a privacy policy that outlines and draws on the APPs. A good example to review is the privacy policy of the Australian Government’s Department of Social Services.

Privacy Act 1988

The Privacy Act 1988 is Australian legislation that regulates the way organisations handle individuals' personal information. This includes how information is collected, stored, distributed, used, accessed and corrected. The Act includes the 13 APPs.

Implications

What are the implications of the APPs and the Privacy Act 1988 to the community services sector? How might they affect your day-to-day practice? This will depend on which sector of the industry you work in and will vary widely, depending on whether you work in the private or public sector and the size of your organisation. However, assuming that you are working in an organisation that is required to comply with the APPs (the great majority of the sector), your obligations to others’ privacy are likely to have a significant impact on your workplace.
Here are some tips for ensuring that you and your organisation are complying with the APPs in the Privacy Act 1988.

• Ensure you understand the APPs.
• Have a privacy plan.
• If you are collecting and storing personal information, understand why you are collecting it and what you will be using it for.
• Regularly review your privacy plan and ensure it continues to comply with legislation.
• Ensure you have adequate security on all IT systems(physical components, network, firewall, virus protection and so on).
• Do not collect and store personal information that you have no use for.
• Discuss privacy obligations in meetings, performance planning, and training, as well as when planning new projects.
• Have a privacy champion; that is, make someone within the organisation responsible for privacy.
• Have a complaints process for privacy complaints and monitor complaints.
• Be open and honest with all individuals about their personal information (remember that children and adults have a right to know about all aspects of their care); do not hide that you are collecting it or trick someone into giving you their personal information.
• Remember that you have a personal obligation to comply with legislation.
• Dispose of personal information securely (do not use a normal rubbish bin).
• Limit access to data to only those who need it.
• Be aware of your organisation’s policies and procedures and ensure that you follow them.
• Think about more than just keeping data safe – keeping data up-to-date, relevant and complete is also important.

Recording and Reporting Information About Domestic and Family Violence.

Your organisation will have policies and procedures for recording and reporting information about domestic and family violence that you must follow.

General principles for recording and reporting this information include that the information must be:

• Accurate
• Relevant
• Current and up to date
• Objective, based on fact
• Non-judgmental
• Disclosed only to people and agencies relevant to providing support and services to the person
• Stored securely in line with privacy legislation requirements and organisational policies and procedures.

Consumer Rights and Responsibilities

Your sector and your organisation will have standards, codes of practice and statements or charters of consumer and client rights that reflect these general rights and principles. When a client enters a service, there may be a service agreement between the client and the agency that details the rights and responsibilities of both sides. These agreements will be tailored to the specific needs and goals of the client and to the specific services to be provided by the agency.

Example

Here is an example of a general statement about consumer rights from A Charter for Consumers of the South Australian Public Health System:

Your Rights and Responsibilities

• SA Health is committed to ensuring that the healthcare you receive is safe, efficient, effective and respects your rights as an individual.
• Access: you have the right to access health and community services
• Safety: you have the right to be safe from abuse
• Quality: you have the right to high quality services
• Respect: you have the right to be treated with respect
• Information: you have the right to be informed
• Participation: you have the right to actively participate
• Privacy: you have the right to privacy and confidentiality
• Comment: you have the right to comment and/or complain

https://www.csyw.qld.gov.au

Workers' Rights and Responsibilities

In the context of Domestic and Family Violence (DFV) organizations, workers' rights and responsibilities are essential for ensuring the safety, well-being, and effective support for both workers and clients.

Example:Support workers in a Domestic Violence and Family (DVF) organization have specific rights and responsibilities that are essential for maintaining a safe, ethical, and effective working environment. Here’s an overview:

Rights of Support Workers:

1. Right to a Safe Work Environment:  Support workers have the right to a safe and secure workplace, free from threats or harm. This is supported by workplace health and safety laws, such as the Work Health and Safety Act 2011 (Cth).

2. Right to Confidentiality and Privacy: Support workers have the right to confidentiality regarding their own personal information. The Privacy Act 1988 (Cth) outlines these protections.

3. Right to Training and Professional Development: Support workers have the right to access ongoing training and development to effectively assist individuals experiencing domestic violence. This aligns with professional standards and workplace agreements.

4. Right to Support and Supervision:  Support workers have the right to receive supervision and support from their employers to manage the emotional and psychological impacts of their work.

Responsibilities of Support Workers:

1. Maintain Confidentiality: Support workers must protect the confidentiality of the individuals they assist, in accordance with the Privacy Act 1988 (Cth) and ethical guidelines from professional bodies like the Australian Association of Social Workers (AASW).

2. Provide Non-Judgmental Support: They must offer non-judgmental, empathetic support to all clients, ensuring they respect the dignity and autonomy of individuals affected by domestic violence.

3. Adhere to Legal Reporting Requirements: Support workers have a responsibility to report certain information, such as when there is a risk of serious harm to the individual or others, in line with mandatory reporting laws.

4. Maintain Professional Boundaries:  They must maintain professional boundaries to ensure the integrity of the support relationship and prevent any conflicts of interest

5. Promote Safety and Well-being: Support workers should prioritize the safety and well-being of their clients, providing appropriate referrals and developing safety plans.

6. Advocate for Clients: They should advocate for the rights and needs of their clients, ensuring they have access to necessary resources and support services.

These rights and responsibilities align with Australian legal frameworks through laws mandating reporting of domestic violence, protecting client confidentiality, and promoting professional conduct. Ethically, workers are guided by principles such as autonomy, non-discrimination, and confidentiality, ensuring their actions prioritize the rights and well-being of survivors while upholding legal obligations.

Job Role Description

The worker's job role description or duty statement is the main source of information about a worker's responsibilities. Your primary responsibility is to work within the boundaries of this document and carry out the specified duties to the standard required within your sector and by your organisation.

Example

Here is an example of a job role description for a refuge support worker:

REFUGE SUPPORT WORKER (RSW)

ROLE AND RESPONSIBILITIES

Australian Association of Social Workers (AASW) Ethics and Practice Guidelines

The AASW developed and published the Practice Standards 2023 which replace the Practice Standards 2013. The new practice Standards 2023 align with the Code of Ethics 2020 and reflect the core elements of all workers’ practice regardless their role in the community service organisations. AASW also developed resources for social workers to support them with common issues arising in day-to-day activities, and ethics and practice guidelines.

The guidelines refer to the following aspects of community work:

• mandatory reporting
• writing court reports
• consent and working with children
• case note recording
• ‘You’ve Been Served’ – responding to a subpoena
• international ethics – Australian social workers overseas
• supporting ethical practice in the workplace
• professional boundaries and dual relationships
• information management
• conflicts of interest
• social media, information and communication technologies

The Code of Ethics outlines the essential values and responsibilities in social work that characterise the profession. The code provides clear explanations of the context of social work in Australia, the context of the code, its nature and purpose, and the values required of those working in social work. It provides guidance about ethical decision-making.

AASW Practice Standards:

• Standard 1 – Social workers conduct themselves according to the values, principles and guidelines of the AASW Code of Ethics 2020.
• Standard 2 – Social workers practice in partnership with Aboriginal and Torres Strait Islander Peoples to support their priorities and aspirations.
• Standard 3 – Social workers advocate for policy initiatives and approaches to practice aimed at achieving fair and equitable access for people to social, health, economic, environmental and political resources.
• Standard 4 – Social workers practice respectfully and inclusively with regard to culture and diversity.
• Standard 5 – Social workers practice within a professional knowledge framework informed by a critical understanding of contemporary social work theory and research.
• Standard 6 – Social workers make professional decisions on the basis of a holistic assessment of the needs, strengths, goals and preferences of people.
• Standard 7 – Social workers actively contribute to strengthening and promoting the identity and standing of the profession.
• Standard 8 – Social workers build and strengthen their practice through regular structured supervision from social work qualified supervisors.
• Standard 9 – Social workers monitor their skills, knowledge, and expertise to maintain, improve and broaden their professional development.

ACWA Code of Ethics The ethical principles that the AASW Code of Ethics defines are:

• respect for persons
• social justice
• professional integrity

In reference to ethical dilemmas that may occur in community work, AASW Code of Ethics states that social workers must be aware of their own biases and beliefs, and of professional values when making judgments. To demonstrate ethical decision-making social workers must be able to:

• articulate their decision-making process
• demonstrate clearly the factors considered
• provide justifications to make themselves accountable for their decisions

The AASW Code of Ethics also outlines general ethical responsibilities classified in six areas:

• cultural safety and sensitivity
• commitment to social justice and human rights
• social work service and propriety
• professional competence
• conflicts-of-interest
• responsibilities to the profession

Employers Rights and Responibilities:

In the context of Domestic and Family Violence (DFV) organizations, employers have specific rights and responsibilities that are crucial for ensuring a safe, ethical, and effective working environment

• Rights of Employers:
• 1. Right to Establish Workplace Policies: Employers have the right to develop and implement workplace policies that address domestic violence, ensuring a safe and supportive environment.
• 2. Right to Enforce Workplace Safety: Employers can enforce policies and procedures to maintain a safe work environment, as per the Work Health and Safety Act 2011 (Cth).
• 3. Right to Confidential Information: Employers have the right to confidentially access relevant information regarding domestic violence situations affecting their employees to provide appropriate support, aligned with the Privacy Act 1988 (Cth).
• 4. Right to Train Employees: Employers can mandate training for all employees on domestic violence awareness and support, fostering a supportive workplace culture
• Responsibilities of Employers:
• 1. Provide a Safe Work Environment: Employers must ensure the safety and well-being of all employees, implementing measures to protect employees from domestic violence impacts, as required by workplace health and safety laws.
• 2. Maintain Confidentiality: Employers must keep information about an employee’s experience with domestic violence confidential, as outlined in the Privacy Act 1988 (Cth).
• 3. Offer Support and Accommodations: Employers should provide support to affected employees, such as flexible work arrangements, leave provisions, and access to counseling services. This is aligned with ethical standards of providing care and support.
• 4. Develop and Implement Policies: Employers are responsible for developing, implementing, and regularly reviewing workplace policies that address domestic violence, ensuring they are up-to-date and effective.
• 5. Provide Training and Resources: Employers should offer training to all employees on recognizing and responding to domestic violence, promoting awareness and understanding within the workplace.
• 6. Foster a Supportive Workplace Culture: Employers must create a workplace culture that does not tolerate domestic violence and supports affected employees through inclusive practices and clear communication.
• These rights and responsibilities align with Australian legal frameworks through workplace health and safety laws eg Work Health and Safety Act 2011 (Cth) act mandates that employers provide a safe working environment. Employers must address any risks associated with domestic violence, ensuring employee safety, anti-discrimination legislation, and privacy laws, which mandate employers to take reasonable steps to protect employees from harm and ensure their rights are upheld.
• Ethically, employers are guided by principles of fairness, compassion, and social responsibility, ensuring their actions support the well-being of employees affected by domestic violence while respecting their rights and dignity.
  • ensure you have all the needed information to make a decision
  • consult your organisation’ s code of ethics, policies and procedures
  • seek advice
  • ensure that your decision-making process follows basic human rights
  • be open and honest in your decision-making process (and ensureconfidentiality)
  • document decisions and their rationales
  • role model ethical behaviour and decision-making
  • be accountable.

• Standards for Government-Funded Organisations

  Organisations funded by federal, state and territory governments will have to abide by standards that ensure financial accountability to taxpayers, and for the provision of quality services. For example, the Victorian Department of Health and Human Services sets the following standards at the department’s website

  Department of Human Services Victoria. (n.d.). Human services standards. Retrieved September 25, 2020

  Codes of Conduct: Legal, Ethical, Organizational, and Individual Considerations

  Adherence to workplace codes and regulations, such as the Fair Work Act 2009 (Cth) in Australia, ensures compliance with national and state laws. Respecting autonomy and promoting self-determination are ethical imperatives, recognizing that clients have the right to make informed decisions about their care. Organizations must comply with their own codes of conduct, promoting a safe and inclusive environment. On an individual level, demonstrating a personal commitment to ethical conduct is crucial, fostering a respectful and inclusive environment in daily interactions.

  Principles of Ethical Decision-Making

  In your role as a worker and as a supervisor, you will be faced with issues that require you to make decisions using an ethical framework. This is especially true when balancing your organisation’s duty of care and the right of the personyou are working with to make their own choices. Ethical questions will also arise when you are trying to balance the interests of the person with those of another.

  There are some strategies that you can use to assist you in making ethical decisions:

  Tools for Ethical Decision-Making
  You can use PLUS to make decisions or to evaluate how ethical a range is. There are four measures in PLUS:

  

  Policies and procedures	Does the decision comply with my organisation’ s policy, procedures and code of conduct?
  Legal	Is the decision legal?
  Universal	Does the decisionconform to theuniversal values my organisation subscribes to?
  Self	Does the decision sit comfortably with my personal ethics?

  If your answer is no to any of these questions, you should reconsider or seek further advice.

  Practice

  Research at least two additional ethical decision-making tools and summarise them. Out of the two you research and PLUS, which do you think you might use and why?

  Case Study

  

  Lindsay has recently been appointed as a supervisor in a unit caring for adults with acquired brain injuries. The team of carers has been relatively stable for almost two years and the roster has been in place for approximately eighteen months. The roster gave priority for weekends off to two members of the team withyoung children. One member of the team that Lindsay oversees has approached her to ask if the roster could be changed to facilitate a more equal spread of weekends off.

  Draft Code of Conduct

  Here is an example of a code of conduct for staff in a women's refuge, based on the ACWA Code of Ethics and Code of Practice.

  Purpose

  A Code of Conduct is a set of rules. These rules are based on:

  • Legal requirements and ethical principles
  • Social norms and standards for behaviour

  Professional Standards

  These rules outline expectations for how you, as an employee, will behave towards:

  • Your colleagues
  • Your clients
  • Managers
  • The organisation as a whole
  • Other agencies and the community

  The purpose of having a Code of Conduct is to ensure that the company provides:

  • A safe, supportive workplace for our employees
  • Safe, supportive accommodation for our clients
  • Services that match quality service standards and meet our clients’ complex needs
  • Services that comply with legislative requirements and meet ethical principles

  In this area of work, it is particularly important to follow a clear, ethical, professional Code of Conduct because our client group is vulnerable to having their rights overlooked and we, as workers, can make a significant contribution to empowering our clients by:

  • Providing strong and respectful role models, especially in the way we communicate
  • Maintaining high standards of professional practice that support and reinforce our clients’ rights

  Scope

  This Code of Conduct applies to all company workers, managers, volunteers and contracted workers. The term employee will be used throughout this document to refer to all of these categories.

  Compliance With the Law

  All employees must work within the law. This means meeting the requirements of legislation and common law relevant to the company’s operations and that affect your work role.

  These areas of law include:

  • Workplace safety and health
  • Fair work practices
  • Equal opportunity and anti-discrimination
  • Child protection
  • Family law
  • Mental health
  • Disability
  • Privacy
  • Financial accounting and management
  • Public health
  • Tenancy

  Relevant common laws and statutes are listed in the Appendix. This list may be updated from time to time.

  Ethical Principles

  All employees must work in accordance with the ethical principles that commonly apply to community services work and to work in domestic and family violence in particular.

  Commonly accepted ethical principles underpinning this Code of Conduct include:

  • Equity and fairness
  • Due process
  • Accountability
  • Transparency
  • Confidentiality
  • Respect for the rights, dignity, worth and autonomy of all persons

  The Appendix to this Code of Conduct gives some examples and explanations of what these ethical principles mean and how these principles apply in our area of work.

  Responsibilities Managers

  The Manager and the Assistant Manager are jointly responsible for ensuring that all employees read, understand and follow this Code of Conduct. The Manager is responsible for periodically reviewing the Code of Conduct, evaluating its effectiveness and updating it as required. Managers are equally bound to follow the Code of Conduct.

  Employees

  All employees, including the Manager and Assistant Manager, are responsible for:

  • Reading the Code of Conduct
  • Seeking to clarify any points which they do not fully understand
  • Following the Code of Conduct at all times in their work

  Following the Code of Conduct

  In practice, following the Code of Conduct means that you must:

  • Follow the company’s policies and procedures
  • Follow the company’s policies and procedures in all aspects of your work role; check that you know and understand the correct procedure before acting
  • Show respect for others
  • Communicate in ways that are courteous, honest, helpful and respectful
  • Follow legitimate instructions within your work role and carry out your duties
  • Show respect for cultural, gender, age and other diversities
  • Avoid the use of language or behaviour that may offend, harass, intimidate or unfairly discriminate
  • Maintain confidentiality and privacy in your verbal and written communications
  • Work cooperatively with others, including managers, other employees, clients and members of external community agencies and services
  • Maintain clear professional boundaries and refrain from sharing or passing on inappropriate personal information about yourself or others

  Demonstrate Professional Conduct

  As well showing respect for others in how you interact with them, you must:

  • Identify, disclose and address conflicts of interest, for example, personal or business relationships that may affect or influence your work performance
  • Not act in ways that are or might appear to be corrupt. In particular, do not accept valuable gifts. Cards and small inexpensive gifts, such as sweets or chocolates, may be acceptable. If in doubt, consult the Manager or Assistant Manager. Never accept gifts of money.
  • Follow accurately all procedures for dealing with finances, such as petty cash, and with company assets, such as vehicles and other equipment.
  • Do not conduct private business or canvass for private business during working hours or by using company resources.
  • Do not engage in sexual relationships with clients. There are no exceptions to this.
  • Maintain professional boundaries.
  • Do not share or disclose inappropriate personal information to or about clients, for example, your personal contact details, detailed information about your own personal experiences and issues. Doing so can entail risks to both parties.
  • Avoid giving clients the impression that you have a close personal relationship with them. Be clear about the difference between being someone’s ‘friend’ and being someone’s ‘friendly’ support worker. Be clear about the difference between working closely and supportively with a client and encouraging the client to depend on you as a permanent close friend.
  • Make sure that your actions are directed towards meeting your clients’ needs rather than towards meeting your own needs.
  • Be accountable for carrying out your work role by:
    • Sharing information with your clients about your work role, responsibilities and boundaries
    • Keeping accurate records that are relevant and objective
    • Reflecting on your work practices, seeking constructive feedback and making any required changes
    • Following procedures, especially procedures for making decisions that affect clients
    • Always working within the boundaries of your work role (your JDF)
    • Following the organisation’s lines of communication and authority. For example, make sure that you understand who to report to and whose instructions to follow by checking the company’s organisational structure overview. This is included in the Appendix.
  • Be honest and truthful and carry out your work role with integrity. This includes:
    • Admitting to mistakes and taking actions to correct mistakes
    • Following up on agreements and keeping your promises
    • Being clear and realistic about what you can and cannot do
  • Make decisions fairly, impartially and promptly, considering all available information, including:
    • Legislation
    • Policies and procedures
  • Maintain confidentiality of information that you acquire in the course of your duties and do not disclose confidential information improperly. For example, do not disclose information to unauthorized persons about:
    • Company operations, including information contained in paper and electronic documents and in verbal reports
    • Clients’ personal information, service plans, issues and experiences
    • Colleagues’ personal information and circumstances, work records, work performance and other private information

  Commit to Professional Development

  Commitment to continuing professional development is an important aspect of professional conduct. We are all need to review and update our skills and knowledge from time to time to make sure that we are able to provide the best possible services to our clients.

  As part of your professional conduct, you can:

  • Reflect on your own work performance
  • Seek feedback about your work performance, for example, during performance management meetings with your supervisor
  • Examine the outcomes of your work with your clients
  • Ask your clients and colleagues for constructive feedback about your work
  • Identify your strengths and areas that may need further development
  • Seek opportunities to maintain and expand your skills and knowledge
  1. Empowerment - People’s rights are promoted and upheld.
  2. Access and engagement - People’s right to access transparent, equitable and integrated services is promoted and upheld.
  3. Wellbeing - People’s right to wellbeing and safety is promoted and upheld.
  4. Participation - People’s right to choice, decision-making and to actively participate as a valued member of their chosen community is promoted and upheld.

The table below shows you some legal and ethical topic ideas to consider, alongside suggestions for where you can access information and how this information might affect your work practices.

In developing responses to domestic and family violence, you must prioritise the safety of clients, their families, and workers. Your organisation’s WHS policies and procedures will help you to do this. A key part of your organisation’s WHS responsibilities is to provide an environment that is safe for clients and for workers. This refers to having policies, procedures and work practices that protect and having physical environments that are safe and secure.

Example

Domestic and family violence services ensure that workers do not have unaccompanied visits to homes or other places where they may be at risk. Women’s refuges do not publicise their locations or addresses. They use security systems that can screen visitors, and they have quick access to emergency services. Workers do not provide personal phone numbers or addresses to clients or their families.

Boundaries

As a professional practitioner, you must maintain boundaries that are reasonable and appropriate. Whenever we work with people in a service and support role, there is a risk that the boundary between a working relationship and a friendship or intimate relationship may become blurred. Your work with clients inevitably involves face-to-face, phone, and online communication, and it is necessary to build relationships that are positive and trusting. People who are seeking help from community service providers are often vulnerable and in need of support, so the development of relationships is an important tool in providing that support.

However, there are ethical issues that arise if the boundaries become blurred. Clients can become dependent on the relationship and rely on its continuance beyond the period they are being supported. Your decision-making may also be compromised so that your decisions may not be in the best interests of your client.

Indications that work-role boundaries may have been crossed to create ethical challenges include:

• Sharing or disclosing personal information beyond what is needed for the development of a trusting relationship
• Establishing a relationship like being a partner, friend, or personal acquaintance, as well as having a professional relationship
• Visiting a home or social events
• Contacting via social media outside of a professional contact
• Changes to the style of language and communication towards a friend, family member, or partner

It can be tempting to take on more challenges and responsibilities at work, even when this has not been included in your job description. On the one hand, using initiative and stepping up to a challenge can be seen as a good thing; many employers favour people who are able to rise in a difficult situation and show leadership. But on the other hand, taking responsibility for something that is outside the bounds of your job description can be problematic.

Sometimes people can choose to take on tasks, responsibilities, and decisions that are best left to those who hold different positions in the workplace. Stepping outside the limits of your job role can leave you vulnerable to ethical issues and problems if you are faced with situations that are beyond your skills and knowledge to manage effectively.

Building a respectful, trusting, and supportive relationship with your clients is a crucial element to success. Growing and facilitating those relationships while maintaining a professional and ethical relationship is a tricky but necessary balancing act for many reasons, including:

• Respecting the client’s rights
• Maintaining professional standards and judgment

It is also an important part of managing your own mental health, stress, and burnout. There is an equilibrium to maintain between developing empathy, rapport, and trust with clients, and maintaining professional and work-role boundaries.

At the outset, make it clear to your clients what their rights and responsibilities are in accessing your services, and advise them of your rights and responsibilities as well. It may be appropriate to reiterate this information at times throughout the relationship.

Stick to your job role and description and follow your workplace policies and procedures for professional communication and interactions with clients. You will learn throughout your career to develop a balance between healthy, supportive empathy for a client’s situation, and the role you are employed to take in helping them achieve their goals.

It is easy for some clients to become attached to you. It is important that you clearly define and communicate your role as a professional to them right at the beginning of your relationship, and remind them of your role if they try to get too close to you, ask favours, invite you to personal events and so on.

Limitations that workers may face due to work role boundaries

It is important to note that you may face certain limitations in your role. For example, you may face:

• 1. Legal and Ethical Boundaries: Workers may encounter legal and ethical constraints that restrict their actions or require strict protocols, potentially impeding their ability to address the complex needs of survivors effectively.
• 2. Scope of Practice: Workers may have limited authority or expertise in certain areas, such as legal advocacy or mental health support, which can constrain their ability to comprehensively address all aspects of a survivor's needs.
• 3. Confidentiality Requirements: Workers may be bound by confidentiality obligations, limiting their ability to share information with other professionals or agencies involved in supporting survivors. This can impact coordination of care and collaboration among service providers.
• 4. Mandated Reporting Obligations: Workers may be required to report instances of domestic and family violence to relevant authorities, which can be challenging when survivors do not consent to disclosure or when reporting may jeopardize their safety. This can create tension between upholding legal requirements and respecting survivors' autonomy.

• There are several reasons that it is important to maintain this professional relationship and to not confuse it with a friendship or personal relationship: If the professional relationship is lost, there is the potential for the client’s rights to be inadvertently violated.

• You may find it difficult to maintain your professional standards and your judgment may be clouded by your emotions.

• A relationship that has moved beyond professional boundaries can create a sense of dependence in the client. When it becomes time for the client to move on, or for you to change jobs, this can add to the person’s sense of loss and dislocation.

• An overly close relationship with one person can leave others feeling left out.
• Maintaining a professional boundary is an important way of separating your work and personal life, which is one of the keys to managing stress and preventing burnout.
• An overly close relationship with a member or members of the team of carers reporting to you can make it difficult when the time comes to address issues with them.
• Your role as a community services worker and as a supervisor is to build resilience, self-reliance, and independence in the people to whom you are providing support. This can be difficult if you are overly involved with your clients or staff.

How do I Know if I am Blurring the Professional-Boundary Line?

Often, friendships or relationships that step over the professional line develop gradually and are difficult to recognize for ourselves. The following are some strategies that you can use and what to watch out for:

• Listen to feedback from colleagues, supervisors, and others. Are people questioning your level of involvement?
• Is work impacting your personal time?
• Are you staying at work after your shift is over or arriving early?
• Are you spending more time with one person than with others? Alternatively, are you consciously spending less time with one than with others?
• Have you shared your personal social media account or phone number with a client?
• Are you sharing your own personal details with a person who you are providing support to?
• Have you developed a positive or negative emotional attachment with one of the people in your care?
• Are you tempted to contravene organizational policies and procedures? For example, meeting someone socially or inviting someone to your home or to a family event?
• Are you starting to let standards of care slip within your team because you are uncomfortable about addressing them?
• Are you accepting a standard of behavior from someone that you would not accept from others?

Domestic and family violence is an area of work that can stir strong emotions, especially where children are involved, so maintaining professional boundaries is essential for protecting both clients and workers and for working effectively.

Maintaining a professional relationship and keeping within professional boundaries does not mean that you must suppress your own feelings or develop supportive, caring and trusting relationships with your clients, but it does mean that you must take care not to step outside the boundaries of your work role by taking on tasks that are not part of your role, or by blurring the boundaries between friendship and your professional role. Blurring these boundaries is not healthy for you or for your client. It can lead to unrealistic expectations and inevitable disappointment for your client, and it can contribute to burnout for you as a worker.

Check your understanding of this topic.