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When working within a community healthcare setting, you must have a clear understanding of your work role so that you can operate effectively and competently in line with the legal requirements which are set out by industry standards to ensure clients are receiving consistent, safe and high quality care.

Working in community healthcare can be varied and diverse, bringing you into contact with a large number of different work types, employers, clients and industries. You will need to have an understanding of some of the legal and ethical requirements which are applicable to each of the settings where you provide services, and importantly you also need to have a good working knowledge of your own legal rights and responsibilities.

Key Legislation

Working in community healthcare, whether it be within aged care, disability or community home care, you must be aware of certain codes of practice, regulations, principles, standards and legislation. This includes some of the following:

• The Aged Care Act 1997
• Quality of Care Principles 2014
• Aged Care Diversity Framework
• Charter of Aged Care Rights
• Aged Care Quality Standards
• Disability Discrimination Act 1992
• Convention on the Rights of Persons with Disabilities
• Charter of Aged Care Rights
• Australia’s National Disability Insurance Scheme (NDIS) Act, 2013
• Home and Community Care Act 1985

As a care support worker, it is important to always be aware of legal and ethical issues which may include, but aren't limited to the following:

• abuse and neglect within a facility
• negligence of duty of care
• medication misuse
• discrimination of clients, or;
• conflicts of interest

Legal rights

Besides the roles and responsibilities that are outlined in your Position Description, you will also have responsibilities and rights that are recognised by Commonwealth, State, Territory and Industrial laws. You have many legal rights which apply to your own work in community healthcare. Some of these rights may vary depending upon your employment status, such as whether you are working as an employee or as a contractor.

Your rights may include:

• The right to a safe and healthy workplace
• The right to fair payment in line with relevant awards, agreements or individual contracts
• The right to a minimum set of conditions
• The right to a workplace which is free of bullying, harassment, intimidation and threats
• The right to flexibility in line with the National Employment Standards or other awards and agreements
• The right to superannuation and Workcover

Legal responsibilities 

You have many responsibilities in your work in community healthcare. When you begin work it is likely that you will be asked to sign a contract of employment. This will set out the requirements for your position, and will help you understand your legal responsibilities. You should make sure you are very clear about what you are required to do to comply with the law, and always check with your supervisor if you need clarification.

Your responsibilities may include:

• Taking reasonable care of the safety and health of others
• Reporting unsafe work practices, injuries or accidents
• Complying with workplace policies and procedures
• The right to a workplace which is free of bullying, harassment, intimidation and threats
• The right to flexibility in line with the National Employment Standards or other awards and agreements
• The right to superannuation and Workcover

It is likely that the policies, procedures and protocols of your workplace will have been developed to ensure that your work is in line with legal responsibilities. If you follow the establishing systems of work, you will be complying with your legal responsibilities.

In any workplace, it is important that there is a balance between the rights of employers, workers, contractors and others who visit the work site (such as customers, clients or members of the general public). Sometimes rights can seem as if they are in competition with each other – after all, how do you meet the needs of everyone in the one workplace? But with some careful planning and thinking, it is possible to find a good balance which meets the needs of everyone, and which complies with the law.

Rights and responsibilities of employers, clients and workers

The rights and responsibilities of employers, clients and workers vary depending on a number of factors. This includes:

• The workplace type and location
• The type of work performed
• The activity being performed
• The nature of the relationship between the employer, worker and client
• The location or jurisdiction of the workplace or activity

Not all rights and responsibilities remain the same over time. There may be situations where rights and responsibilities change in response to emerging issues, such as when there is new information or more up to date research that is relevant to a situation. As an employment support worker, you need to remain up to date about emerging issues that could affect the rights and responsibilities of employers, employees and clients. You should know where to seek information that can help you to provide up to date and relevant information about emerging issues.

Scope of own role

When you begin working in the community healthcare sector, you will not be expected to know and do everything. In every job, there are specific tasks and responsibilities which are required and which are considered to be a regular part of that position. This is referred to as the ‘scope’ of the role; it includes the activities, duties, responsibilities and areas of work which are generally required.

The scope of a job is not an exhaustive list because there will always be situations and tasks that arise unexpectedly and which can be reasonably expected of a person holding that position. It is not possible to write a list which covers every eventuality which might arise.

You should expect that the scope of your job covers most of the areas of work that will occur, and that there will also be other tasks which arise from time to time that are of a similar level of accountability and require a similar degree of knowledge and skill to be performed.

Own employment conditions 

Your own employment conditions will be included in your position description and in any relevant awards, enterprise agreements or individual employment agreement that you negotiate with your own employer. Employment conditions are an agreement which is reached between an employer and an employee.

Employment conditions can include areas such as:

• Hours of work each day and week
• Overtime arrangements
• Access to paid and unpaid leave
• Termination of employment
• Period of employment (this may be for a certain period of time, or ongoing)
• Special payments and allowances (such as for working an active night shift, sleepover, laundry or travel allowance)
• Meal and other breaks during work
• Expectations and conditions such as dress code, smoking, drug or alcohol testing, use of social media or mobile phones at work or in relation to work

You should have a good understanding of your own employment conditions. If you do not understand them or if you do not have a written copy, contact your supervisor or Human Resources department at your workplace.

Industrial relations legislation relevant to employment conditions

There are laws which protect the rights of workers in a workplace. Some of these laws relate to employment conditions and specify the minimum expectations which apply to anyone who is working in an Australian workplace.

The National Employment Standards (NES) are a set of standards which employers must meet as a minimum. Of course, employment conditions can exceed the standards, but they cannot include any conditions which are less than those specified in the National Employment Standards.

The NES cover conditions such as leave entitlements, weekly hours, requests for flexible working arrangements, termination and redundancy and the right to receive a copy of the NES.

Emerging Issues

It is important to also stay up to acquire and have up to date knowledge on matters concerning the community health care sector to ensure you are aware of any emerging and trending issues such as updated policies, procedures or updates on governing rules, regulations or laws.

Current and Emerging Trends

It is important to also stay up to acquire and have up to date knowledge on matters concerning the community health care sector to ensure you are aware of any emerging and trending issues such as updated policies, procedures or updates on governing rules, regulations or laws.

Activity

Sources of information can include websites, fact sheets, downloadable documents, webinars and news articles. Accessing sources of information will be a regular component of your job, so it is vital that you establish some accurate and relevant sources that you can refer to quickly and easily.

Make sure you access sources of information which are:

• Appropriate for your state or territory
• Up to date
• Relevant for the job seekers, employers and sectors which are a part of your caseload or regular work duties
• Written by an identifiable author or organisation
• From a reputable source (such as a government agency, a known organisation, a peak body or relevant workplace association)

Avoid the temptation to simply ‘Google it’ without also checking if the information you source meets with the above criteria. Sometimes information can become out of date or may refer to approaches and frameworks which are no longer relevant or appropriate.

What information should I source?

You will need to source information which is relevant to your own employment as well as to the employers who work within the various sectors where you are operating and the employment sector in general. You may also need to access information related to specific groups, such as people who have a disability, young people or people with mental illness.

Sometimes you will need to access information which is quite general in nature, and other times you will need to seek out more specific details and complex information to help you respond to questions and provide support in individual situations.

Where to find legal information that can support your own work practices

Discrimination

Discrimination means to treat someone unfairly or to favour one person over another. Discrimination is never acceptable behaviour and is against the law.

Workplaces must promote equality for everyone. It is unlawful to discriminate against people on the basis of age, gender, ethnicity, disability or impairment, marital status, sexual preference, political or religious beliefs. Some of the legislation which relates to discrimination includes:

Work health and safety

A safe workplace is the right of everyone who enters a workplace, and workers and employers alike have a role to play in ensuring a workplace is safe. However, employers and workers have quite different responsibilities under the law when it comes to safety.

It is vital that anyone who is conducting a business or undertaking (referred to as a PCBU –person conducting a business or undertaking) is aware of their responsibilities.

These include duties such as:

Duties and responsibilities under work health and safety legislation cannot be delegated –this means that employers cannot excuse themselves from their duties by saying ‘...but I told person X to do that job –it’s not my fault they didn’t do it!’.

People who are entering or working in a workplace have rights under work health and safety legislation, as well as their own set of responsibilities.

Rights include having the right to a workplace which is safe and healthy, having access to appropriate training and support, having appropriate safety equipment and machinery which is functioning correctly and has suitable guarding and safety features.

Responsibilities of workers and visitors in a workplace include following reasonable instructions for safety given by the PCBU, taking reasonable care, telling the employer if there is anything they notice which is unsafe in the workplace and avoiding doing anything which would put others at risk of harm.

Informed consent 

Informed consent requires you to communicate all of the information to the client in a way they can understand, this allows the client to provide their consent to continue with the service. The consequences of not communicating all of the information to a client may constitute assault and the client may be placed as serious risk of injury or harm. 

Codes of conduct

Codes of conduct are a set of documents that provide guidance to staff on appropriate ethical standards for work-related behaviour and is generally based on the values of the organisation. For instance, integrity, accountability and transparency. Embedded in the Code of Conduct are other key information such as principles, legislation, policies, responsibilities of employees and employer and upholding the code of conduct.

Codes of practice

Codes of practice provide information on specific issues and help to achieve legal standards with the workplace. They provide practical guides to achieving standards of health and safety under the Model WHS Act and Regulations. It is also a commitment to uphold a certain standard of professionalism which all employees are accountable.

Complaints management

A complaints management system is required to be put in place for handling complaints. It should be accessible to all consumers of the service and well advertised throughout the service. Systems of complaint management allow issues to be dealt with quickly, improve relationships and contribute to the ongoing improvement of service by the organisation.

Continuing professional development

Continuing professional development is vital to ensure all staff are able to offer the best care and support to their clients. For instance, organisations will offer mandatory training such as Emergency/Fire evacuation or Manual Handling training. It not only helps staff stay current with their skills and expertise but it ensures their knowledge is always kept up to date.

Privacy, confidentiality and disclosure

During a typical work day, it is likely that you will have many conversations with employers, clients and members of the public. During each of these conversations you need to be aware of issues related to privacy, confidentiality and disclosure. You must protect confidential details which are given to you and make sure that any documents, information and data is protected appropriately and securely.

Maintaining privacy and confidentiality is a law that protects people's privacy and confidentiality and is part of respecting a person's individual rights. In practice, confidentiality means not discussing an individual's personal information unless they have given their consent for this to happen. There are exceptional circumstances that enable you to disclose private information, but this is generally only when you become aware that someone may be harmed or is enforced by the law.

Your work duties must comply with the law and with the policies and protocols of your organisation.

Your workplace will have policies in place which are in line with current and relevant legislation. As part of your duties at work, you must ensure you comply with these policies. Set aside time early in your employment to read and understand the policies which apply to your position. Contact your supervisor and ask for a clear explanation if there is anything you do not understand.

Policies may include:

Your workplace policies are likely to be available on an intranet system which will be protected by a login code and password. Make sure you keep your login and password secure and do not give it to anyone else to use.

Policies generally include information about the scope, application, details and date for review. Policies should be written in Plain English and be able to be understood by the people for whom they are intended. A well written policy is a user friendly document which is used frequently and becomes a regular part of the systems of work in a workplace.

Your work in community health services is governed by a set of standards which set out the expected conduct and behaviour for your work. You are bound by some specific standards which are relevant to the particular needs of your clients and employers.

Resource

• Aged Care Quality Standards
• Disability employment services code of practice
• Home Care Common Standards

Make sure you check that the copy you download for your records is the latest version of the document. Remember that documents can and do change and it is important to stay up to date with information.

There are many useful sources of information about legal requirements related to employment services in Australia. Make sure you check whether the legal information you are seeking is related to federal or state/territory legislation as both will be relevant to your work at various times.

You can refer to sources such as those listed in the table below to seek legal information that is relevant and easy to read and understand:

Some sources of legal information can be challenging to read and interpret, while others are written in Plain English and have been designed for easier reading.

Legislation is written in sections, and you can search the index to locate the appropriate section for your needs. Legislation may include an act, which is the main document, as well as regulations, which provide more detail about how to implement and respond to the act in a practical way. You should use the act and regulations together to guide your work practices.

If you find complex, lengthy documents difficult to interpret, seek out the Plain English version. This can be particularly useful if you are working with clients who have lower English literacy skills who also require access to important information. You can look to services which provide alternative formats, Plain English options or translated versions to suit speakers and readers of other community languages.

Workplace policies, procedures and protocols

Policies, procedures and protocols describe the day to day actions and responsibilities that you have in your workplace. You should think of these documents as the written, practical guide that helps you do your job well.

Policies, procedures and protocols are developed over time in a workplace, and generally have their basis in the fundamental human rights framework, as well as in the legal and ethical framework which guides work and employment activities in Australia.

Policies

These are broad statements which apply to particular work areas, and provide general information about the way that your workplace would like a task to be completed.

Procedures or protocols

These are more specific documents which relate to a particular policy. Procedures and protocols give practical information which is often in a step by step format that explains how to implement a policy. Procedures and protocols often refer to particular documents or forms which should be used in conjunction with the work task.

Policy and procedure development

Policies and procedures are developed in the workplace, often by teams of people who represent different levels or areas of the workforce.

A policy might include:

Procedures and protocols

Procedures are written documents which explain why, how, when and in what circumstances a particular activity or event can occur. Some headings to consider for procedures are:

• Scope –who the procedure applies to
• Benefits and outcomes–who will benefit from the activity or experience and what outcome is expected
• Background –why the procedure has been developed as well as some introductory information about the activity or experience
• Equipment requirements –what is needed to complete the task, such as access to a data set, personal protective equipment, a work vehicle or a secure digital storage device
• Human resource requirements –how many people are required and whether they need any special expertise
• Responsibility –who is responsible for particular tasks and who is accountable for different aspects of the task
• Associated documents –which documents are referred to in the procedure, such as First Aid Procedure, Client Record Update Procedure, Reporting Procedure, Notifiable Incident Procedure.
• Review –when the procedure will be reviewed, by whom and through what process

Legal requirements embedded within policies and procedures

Some policies, procedures and protocols will require very specific reference to legal requirements, while others simply need to be written with a legal framework underpinning the document in general terms.

Look at the document to see if particular acts, codes of practice or regulations are referred to –this will help you decide if there is a strict legal requirement which applies. For example, a policy about wearing personal and protective equipment when visiting a worksite may refer to the work health and safety legislation of your state or territory.

Examples of legal requirements which may be embedded within policies and procedures include:

Review processes

Policies, procedures and protocols are usually reviewed every 12 months, as part of the regular continuous improvement processes of the workplace. The date for review will be listed on the document.

How to get involved

You may wish to get involved in reviewing and planning policies, procedures and protocols in your workplace. This is a great way of learning more about operational management in employment services and understanding the important governance work that occurs to ensure legal and ethical compliance.

You can get involved by:

• Providing feedback
• Attending a continuous improvement meeting
• Participating in discussions and review sessions
• Sharing ideas and suggestions with your supervisor or mentor
• Making notes about how a particular policy, procedure or protocol affects your daily work duties

Consultation

In some workplaces, external consultants are brought in to help facilitate the review of policies, procedures and protocols. This is particularly helpful if the documents are complex or if there have been significant changes to legislation or government frameworks and operating conditions. External consultants bring expertise gained from working with many different businesses and may be able to offer insights and suggestions that would not otherwise be considered.

Legal issues

Legal issues can arise as part of your work in employment services. It is important to think carefully about the best way to manage a legal issue and to consider how to respond.

Types of legal issues

Types of legal issues can include:

• Fraudulent or criminal behaviour
• Deliberately inaccurate record keeping
• Breaches of information and data privacy
• Discrimination against clients, employers or the general public
• Failure to comply with lawful safety instructions

Some legal issues can be minor, while others may constitute a significant breach of a law or regulation.

How to respond to legal issues

You should consider carefully how to respond to legal issues. It is useful to carefully record the details of the issue so that you have all the information you might need in the future. You should make clear, accurate notes about the issue and store this information in a secure location. Notes might include:

• Names, dates and locations
• Brief description of what occurred
• Any evidence or information that is relevant
• Brief description of outcomes or actions applied
• Contact details for any people you have discussed the legal issue with

Remember that there are many people and organisations which can assist you in deciding how to respond to a legal issue.

Seeking advice and support for legal issues

There are several important sources of support for legal issues that you may encounter, both within and external to your workplace. Options include:

Some laws require that a breach is reported. This may not only be an ethical responsibility, where reporting a breach is the morally right thing to do, but also a legal responsibility.

Recognising a breach

There are many indicators to help you recognise illegal conduct in your own work duties, and in the duties of others. Indicators to help you recognise illegal conduct include:

• Receiving a complaint from a client or colleague about the conduct
• Comparing the situation against the stated policies, protocols and standards of your organisation
• Observing a situation and identifying the conduct
• Observing the response of a client or employer to something which has occurred
• Reading comments or posts on social media related to your organisation
• Responding to unexpected questions or enquiries from employers
• Noticing discrepancies in sets of data or records
• Noticing changes to records which do not make sense or seem unusual

Reporting a breach

How you report a breach of legal requirements will vary depending upon:

• What the breach is
• Who the person is who has carried out the breach
• Your own job role
• The situation
• The laws which apply

You should consider each of these factors before you decide how to respond.

If the breach is related to misconduct or unacceptable behaviour ofa public service employee, you may be obliged to report under the Australian Public Service Commissioner's Directions 2013. These directions require you to report in a fair, timely and effective way and your failure to do so may in itself be considered a breach of the Code of Conduct for Australian Public Sector Employees.

Following workplace procedures

Your workplace may have procedures in place to guide you in how to report a breach in relation to a legal issue. You should follow these procedures where possible and appropriate, and ensure that you act responsibly and in accordance with your code of conduct. If you are not sure about the workplace procedure for reporting a breach, speak to your supervisor or a more experienced colleague.

Reporting breaches in line with workplace requirements

You should follow the established process for reporting a breach in your workplace. This process may be based upon government or funding body requirements, or may be embedded within the policies and procedures of your own workplace.

Reporting breaches can occur in different ways, such as:

• Completing a form
• Sending a secure email
• Reporting verbally
• Seeking information and direction from your supervisor
• Reporting directly to another body such as a regulator

Whistleblower protection

Sometimes people can be concerned that a report they make about a breach could lead to adverse outcomes for themselves. They may worry that their own job will be at risk or that they may experience threats or intimidation. In Australia, the laws protecting people referred to as ‘whistleblowers’ have recently been tightened. This provides greater protection to people who call out misconduct or other reportable actions.

It is important to note that only certain people and situations are protected by the Corporations Act (2001). You can learn more by downloading the fact sheets titled Whistleblowing from the ASICS website.

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