Workplace and Legislative policies and procedures

Submitted by pallavi.mohan@… on Thu, 04/20/2023 - 15:59

Following your organisation’s requirements for documenting and reporting is an important aspect of your work role. Accurate and up-to-date documentation that records clients’ needs, the services provided, and clients’ progress and changing needs is essential for providing quality services that meet individual needs. Service providers who receive government funding must provide documentation for audit and accreditation to demonstrate that they are meeting required service standards in order to continue to receive funding. Incidents and accidents must also be documented and reported according to the organisation’s policies and procedures, and the requirements of workplace health and safety (WHS) legislation.

By the end of this topic, you will understand:

  • Legal and ethical requirements
  • Privacy and confidentiality legislation and principles
  • Mandatory reporting
  • WHS reporting
  • The rights of people using aged care services
  • Organisational lines of authority for reporting
  • Reporting and documenting information about clients
Sub Topics

The legislative requirements to work in Australia with people living with dementia depend on the specific profession and the type of work being done. However, some common legislative requirements for healthcare professionals working with people living with dementia include:

  1. Registration: Healthcare professionals who work with people living with dementia must be registered with the appropriate national board, such as the Australian Health Practitioner Regulation Agency (AHPRA) for nurses and other healthcare professionals.
  2. Accreditation: Aged care facilities that provide care to people living with dementia must be accredited by the Aged Care Quality and Safety Commission to ensure that they meet certain standards of care.
  3. Mandatory Reporting: Healthcare professionals who work with people living with dementia must comply with mandatory reporting requirements for suspected abuse or neglect, as set out in state and territory legislation.
  4. Privacy and Confidentiality: Healthcare professionals who work with people living with dementia must comply with privacy and confidentiality requirements, as set out in the Privacy Act 1988.
  5. Work Health and Safety: Healthcare professionals who work with people living with dementia must comply with work health and safety requirements, as set out in the Work Health and Safety Act 2011.
New Changes to Aged Care

From 1 July 2024, the residential aged care system changed to give older people more control of their choices. In addition, the government is building a new Aged Care Act which will replace the:

Aged Care Act 1997

Aged Care (Transitional Provisions) Act 1997 and

Aged Care Quality and Safety Commission Act 2018.

The Australian Government is making positive changes to aged care. These changes – known as the aged care reforms – will improve aged care in Australia now and into the future. Many of these changes are in response to the recommendations of the Royal Commission into Aged Care Quality and Safety.

To learn more about this you can access the link here.

There are several Australian Acts and legislations that are relevant for working with people with dementia. Some of them include:

  1. Aged Care Act 1997: This act provides the regulatory framework for the provision of aged care services in Australia, including residential and home care for people with dementia.
  2. Disability Discrimination Act 1992: This act prohibits discrimination against people with disabilities, including dementia, in areas such as employment, education, and access to services.
  3. Privacy Act 1988: This act sets out the privacy principles that must be followed by all Australian organisations when handling personal information, including the information of people with dementia.
  4. Guardianship and Administration Act 2019: This act sets out the legal framework for guardianship and administration in Australia, including the appointment of guardians for people with dementia who are unable to make decisions for themselves.
  5. Mental Health Act 2014: This act sets out the legal framework for the assessment, treatment, and care of people with mental illness, including dementia.
  6. Aged Care Quality and Safety Commission Act 2018: This act establishes the Aged Care Quality and Safety Commission, which is responsible for regulating and monitoring the quality and safety of aged care services in Australia.
  7. Work Health and Safety Act 2011: This act sets out the legal framework for work health and safety in Australia, including the responsibilities of employers and employees for ensuring safe work practices for people with dementia who are in the workplace.
  8. Charter of Aged Care Rights: This Charter sets out the rights of people receiving aged care services, including the right to be treated with dignity and respect, the right to receive high-quality care, and the right to be involved in decisions about their care.

These Acts and legislations provide the legal framework for working with people with dementia in Australia, and healthcare professionals working in this field must adhere to them to ensure that they are providing safe and ethical care to their patients.

 

 

 

Legal and Ethical Considerations in Australia for Working with People Living with Dementia:

  1. Duty of Care: As a healthcare professional working with people living with dementia, you have a duty of care to ensure their safety and well-being. This includes taking reasonable steps to prevent harm, identifying and responding to risks, and providing appropriate support and care.
  2. Dignity of Risk: People living with dementia have the right to take risks, make their own decisions, and live their lives as independently as possible. As a healthcare professional, you must balance their right to autonomy with their safety and well-being.
  3. Human Rights: People living with dementia have the same human rights as everyone else, including the right to dignity, respect, and privacy. As a healthcare professional, you must ensure that their human rights are respected and upheld.
  4. Relevant Codes of Conduct: Healthcare professionals working with people living with dementia must adhere to relevant codes of conduct, such as the Australian Health Practitioner Regulation Agency (AHPRA) Code of Conduct and the Australian Nursing and Midwifery Federation (ANMF) Code of Ethics.
  5. Legislative and Statutory Requirements for Reporting: Healthcare professionals working with people living with dementia must comply with legislative and statutory requirements for reporting, such as mandatory reporting of suspected abuse or neglect.
  6. Privacy, Confidentiality, and Disclosure: Healthcare professionals working with people living with dementia must ensure that their privacy and confidentiality are protected, while also disclosing relevant information to other healthcare professionals as needed.
  7. Mandatory Reporting: Healthcare professionals working with people living with dementia may be required to report suspected abuse or neglect, in accordance with mandatory reporting requirements.
  8. Work Health and Safety: Healthcare professionals working with people living with dementia must ensure that their work practices are safe and comply with relevant work health and safety legislation and standards.
Woman typing on laptop

Organisational policies and procedures for reporting and documentation are critical for supporting people with dementia in aged care. Here are some key policies and procedures to consider:

  1. Reporting: A clear reporting policy and procedure should be in place to ensure that incidents or concerns are reported promptly and appropriately. This should include a process for reporting to management, as well as to relevant external agencies if required.
  2. Documentation: Accurate, objective, and detailed documentation is essential for providing high-quality care to people with dementia. Organisational policies and procedures should ensure that documentation is completed promptly, clearly, and comprehensively. This includes documenting any incidents, concerns, or changes in the person's condition, as well as their care plan and any interventions provided.
  3. Documenting a care plan: The organisation must develop and maintain a comprehensive care plan for the person with dementia. The care plan must be updated regularly to reflect any changes in the person's condition or care needs. The care plan should include the person's medical history, medications, allergies, and any other relevant information.
  4. Privacy and Confidentiality: Policies and procedures should ensure that all documentation is handled in a confidential and secure manner, in accordance with relevant privacy laws and regulations.
  5. Quality Assurance: Policies and procedures should include a process for reviewing documentation to ensure that it is accurate, objective, and appropriately detailed. This can include regular audits or reviews by management or external agencies.
  6. Training and Education: Staff should be provided with training and education on the importance of accurate and objective documentation, as well as the organisation's policies and procedures for reporting and documentation.

By implementing effective policies and procedures for reporting and documentation, aged care organisations can ensure that people with dementia receive high-quality care that is supported by accurate and comprehensive records.

Why is it important to maintain accurate, objective and appropriately detailed records

Accurate, objective, and appropriately detailed records are essential in a variety of contexts, including healthcare, social services, and legal settings. There are several reasons why maintaining such records is important, particularly when it comes to caring for persons with dementia. Some of these reasons include:

Communication: Records provide a means of communication between different individuals and organisations involved in the care of the person with dementia. Accurate and detailed records ensure that everyone is on the same page when it comes to the person's care needs, history, and current condition.

Continuity of Care: Detailed records ensure that care providers can provide continuity of care. Accurate records provide a clear picture of the person's needs, preferences, and treatment history, enabling care providers to develop and implement appropriate care plans that take into account the person's unique needs.

Legal Compliance: Accurate records ensure that the organisation is in compliance with legal requirements, including privacy and confidentiality laws, informed consent, and reporting of incidents.

Quality of Care: Objective and appropriately detailed records can help to identify areas where care can be improved. Care providers can use the information contained in the records to identify patterns of behavior or symptoms that may require additional attention or different interventions.

Liability: Accurate records can help to protect the organisation from liability in the event of an adverse incident. Clear, detailed records can demonstrate that the organisation acted appropriately and within its scope of practice when providing care to the person with dementia.

Overall, maintaining accurate, objective, and appropriately detailed records is crucial for ensuring the provision of high-quality care for persons with dementia, promoting continuity of care, and complying with legal and ethical standards.

Organisational policies and procedures for the storage and referrals

These are documents designed to protect the privacy and confidentiality of the residents/patients while allowing access to their health information by authorized personnel. Here are some policies and procedures that are usually followed by most of the organisations:

  1. Electronic storage: All electronic health records should be stored securely on a password-protected server or in the cloud, with access restricted to authorised personnel.
  2. Physical storage: Paper records and any other physical documentation should be stored in a locked cabinet or room with limited access.
  3. Data retention: All health information should be retained for the minimum period required by law, and then securely destroyed.
  4. Access controls: Access to health information should be granted only to authorized personnel who require the information to perform their duties.
  5. Training: All staff members who handle health information should be trained on the organisation's policies and procedures for information storage and handling.
  6. Monitoring: Regular audits should be conducted to ensure compliance with policies and procedures, and any breaches should be reported and addressed immediately.
  7. Consent: Prior to collecting, storing, or sharing any health information, consent should be obtained from the resident/patient or their legal representative.

These policies and procedures should be regularly reviewed and updated to ensure they continue to meet the organisation's needs and comply with any changes in laws or regulations.

Referral policies and procedures

Referral policies and procedures are essential for organisations that provide care for persons with dementia, as they help to ensure that individuals receive the appropriate services and support they need. Here are some examples of policies and procedures that an organisation may follow for referrals:

Referral Criteria: The organisation should establish clear criteria for referring persons with dementia to other services or providers. This may include criteria related to the person's condition, treatment needs, and other factors.

Referral Process: The organisation should establish a clear process for making referrals, including procedures for obtaining consent from the person with dementia or their legal guardian.

Communication: The organisation should establish clear lines of communication with the service or provider to which the person with dementia is being referred, including sharing relevant medical and personal information as needed.

Follow-up: The organisation should establish procedures for following up on referrals to ensure that the person with dementia receives the appropriate care and that the referral was successful.

Evaluation: The organisation should periodically evaluate its referral policies and procedures to ensure that they are effective and efficient, and to make any necessary changes based on feedback or changing needs.

Documentation: The organisation should maintain accurate and detailed records of all referrals, including the reason for the referral, the service or provider to which the person with dementia was referred, and any relevant follow-up or evaluation information.

Training: Staff members who are responsible for making referrals should receive training on the referral policies and procedures, including how to assess the person's needs and determine the appropriate service or provider.

Cultural and Linguistic Competence: The organisation should ensure that its referral policies and procedures are culturally and linguistically appropriate, and that staff members are trained to work with diverse populations and individuals with limited English proficiency.

Overall, having clear and well-defined referral policies and procedures is essential for ensuring that persons with dementia receive the appropriate services and support they need, and that the organisation is providing high-quality care that meets their unique needs

Module Linking
Main Topic Image
A lawyer explaining legalities to senior couple
Is Study Guide?
Off
Is Assessment Consultation?
Off