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Contents
Legal and ethical framework............................................................................................
Research....................................................................................................................
Criminal Acts.................................................................................................................
Discrimination and harassment....................................................................................
Sexual harassment.......................................................................................................
Research....................................................................................................................
Equal employment opportunities..................................................................................
Disability.......................................................................................................................
Privacy legislation.........................................................................................................
Research....................................................................................................................
Policies, protocols and procedures................................................................................
Social media.................................................................................................................
Working ethically..........................................................................................................
Values, beliefs and attitudes.........................................................................................
Ethical misconduct......................................................................................................
Disclosure and confidentiality.....................................................................................
Student rights.............................................................................................................
Managing customer rights and complaints.................................................................
Recognising signs.......................................................................................................
This publication is copyright. All rights are reserved for Monash Short Courses Centre including total or partial
reproduction or adaption without written permission by the author.
The writer acknowledges Volunteering Australia, Monash Employment and Career Development and Monash
Student Association for their references and resources when putting together this material.
The information contained is drawn from sources believed to be reliable. Monash Short Courses Centre, its
employees, agents and contractors do not warrant the correctness of the sources used and accept no
responsibility to any person for any error or omissions or for any loss or damage caused from the use of this
volunteer manual.
The following pages describe, in more detail some of the common statutory and
legal requirements that may be relevant to your work role.
Criminal Acts
Organisations that have volunteers must abide by Criminal Acts. In Victoria it is
the Crimes Act 1958. The Act contains provisions to protect members of the
public and also anyone who may be affected by an employer's undertaking. As a
volunteer you are still required to abide by laws whilst undertaking your
volunteer duties. This can include not causing injury, damaging property and
stealing.
You must also be safe from injury and risks to health when in the workplace.
Workplace Health and Safety will be covered in further detail in the next chapter.
Education
Employment
Access to premises
Provision of goods, services & facilities
Accommodation
Clubs & associations
Sport
Age
Disability/Impairment
Employment activity
Sex
Race
Sexual orientation
Lawful sexual activity
Gender identity
Pregnancy
Breast feeding
Industrial activity
Political belief or activity
Physical features
Status as a parent or carer
Marital status
Religious belief/activity
Personal association (whether as a relative or otherwise) with a person
who is identified by reference to any of the above attributes.
There are also many Acts that relate to discrimination and harassment. For
example, the purpose of the Racial and Religious Tolerance Act 2001 (VIC) is:
1. to promote racial and religious tolerance by prohibiting certain conduct
involving the vilification of persons on the ground of race or religious belief
or activity; and
2. to provide a means of amends for the victims of racial or religious
vilification.
Behaviour that incites hatred against another person or group because of the
person's race or religion can be just a single or multiple event, and can include
the use of internet and email to publish or transmit statements.
CHC30612 Certificate III in Active Volunteering
Sexual harassment
Sexual harassment is a form of discrimination under state and federal laws
including the Sex Discrimination Act 1984 and the Victorian Equal Opportunity
Act 1995. It is defined as:
Sexual harassment is the single most common form of complaint received by the
Human Rights and Equal Opportunity Commission and often occurs in the
context of employment. It is also the most common form of complaint to the
Human Rights and Equal Opportunity Commission.
Research
For more information about the Human Rights and Equal
Opportunity Commission please visit http://www.hreoc.gov.au/
Sometimes people may think their behavior is harmless and innocent however
some people may find the behavior distasteful and hurtful. Behaviour that might
be acceptable in one context may not be acceptable in another. For example,
what may be acceptable socially or in your private life can be unacceptable in a
work or educational context.
The law recognises that people will experience things differently depending on a
number of factors (for example their age, racial or cultural background, position
and status) and the circumstances under which the behaviour occurs.
Examples of Sexual Harassment:
uninvited touching
uninvited kisses or embraces
smutty jokes or comments
making promises or threats in return for sexual favours
displays of sexually graphic material including posters, pin-ups, cartoons,
graffiti or messages on notice boards, lockers, desks, computer screens
sexual insults or taunting
repeated invitations to go out especially after being refused previously
flashing or sexual gestures
sex-based insults, taunts, teasing or name-calling
staring or leering at a person or at parts of their body
unwelcome physical contact such as massaging a person without
invitation or deliberately brushing up against them
Sexual harassment is not flirting, attraction, sexual interaction or friendship that
is invited, consensual and reciprocated and conducted in private or in a way that
would not cause offence to others.
Disability
The Disability Discrimination Act 1992 (DDA) is federal law which can be used to
address disability discrimination in many areas of public life, including education
and employment.
The aims of the DDA are to:
presently exist; or
previously existed but no longer exists; or
may exist in the future; or
is imputed to a person.
Intellectu
al
Medical
Privacy legislation
The Privacy Act 1988 regulates information and covers a number of different
activities and sectors with the aim to protect people's personal information.
Personal information relates to your identification. Examples include your name,
address, medical records, bank account details, photos, and videos.
The Privacy Act defines personal information as:
"... information or an opinion (including information or an opinion forming part
of a database), whether true or not, and whether recorded in a material form
or not, about an individual whose identity is apparent, or can reasonably be
ascertained, from the information or opinion."
The main points in the Act describe:
1.
2.
3.
4.
5.
6.
Larger organisations will tend to have more policies and procedures small
businesses and not-for-profits may have far fewer.
Social media
When commenting on social media remember the anti-bullying and antidiscrimination laws.
You shouldnt:
Working ethically
The word ethics is used to describe codes or standards of behaviour that are
based on a shared understanding of what is right or wrong. These values and
beliefs can vary from one culture to another or from one group to another. In
Australia there is a tendency toward shared notions of what constitutes ethical
behaviour although there are still differing views. Our shared ethics oblige us to
refrain from violence against others or to lie, cheat or defraud others. Our ethics
uphold the value of honesty. Ethics are often expressed as principles or codes of
practice which are underpinned by values.
Volunteering requires you to understand how to work ethically and to use
effective problem solving techniques when competing value systems may arise.
Working ethically means that your rights and your clients rights are protected
when delivering a service. There are lots of different groups that could be
considered clients and may include:
Ethical misconduct
Before you can deal with ethical issues that may arise, it is first necessary to
identify them. The best way to do this is to communicate with specialists who
can offer advice based on professional experience and qualifications. These
people may include:
Advocates/family members
Colleagues
External agencies (complaints and advocacy services. professional
registering authorities, child protection authorities)
Health professionals
Law enforcement officers
Legally appointed guardian
Member of senior management
Organisations will have a policy on ethical misconduct and most likely are broken
into sections of misconduct, serious misconduct and negligence.
Misconduct is conduct that is inconsistent with the ethical principles and
standards of the organisation, but which would not, in isolation, be grounds for
immediate termination of employment. Repetitive misconduct could however,
be grounds for termination of employment. Misconduct may also include conduct
that breaches recognised professional codes of conduct.
Serious misconduct is misconduct of such an extreme nature that it would be
grounds for immediate termination of employment following due process.
Examples may include being intoxicated at work, theft, fraud or assault by the
employee while in the course of their employment.
Negligence is the deliberate failure to satisfactorily complete job requirements
despite having the necessary skills and knowledge and the opportunity to do so.
Negligence, particularly if the intention is to cause harm or economic loss to the
organisation or its customers, is misconduct.
If you see another staff member or volunteer that is breaching the organisations
code of ethics or values there are correct reporting measures for you to follow.
The most appropriate person to report to will be your supervisor or team leader.
They will be in the most appropriate position to act on the breach and your
designated work role might not put you in the position to do so. You may give
this report verbally by telephone or in person. Alternatively you might feel more
comfortable submitting something in writing such as a written report. This will
be in the form of a progress report, case notes or a more formal incident report.
Another example may be sending out a group email to all your clients where
each person can see all of the email addresses.
Student rights
Just as it is important for you to be able to express your concerns, it is equally
important for your clients to have a system to express their concerns.
Your clients are people who are engaging in your services or paying for your
products. As a volunteer your clients might also refer you to organisations in the
community services sector. Just as you as a volunteer have rights, the clients
also have rights and responsibilities.
Client rights may include:
Privacy
Confidentiality
Freedom of association
Informed and negotiated choice
To lodge a complaint
To express ideas and opinions
Access to services
An agreed standard of care
Follow up to check if the complaint has been addressed either directly with
the client or with the person authorised to handle the complaint.
Recognising signs
The other way to look after customers interests is to recognise stressors or
stress. There are signs that customers can give relating to stress and cultural
issues. If these signs are picked up on it will be necessary for you to refer them
on to relevant support services such as:
Advocates/family members
Colleagues
External agencies (complaints and advocacy services. professional
registering authorities, child protection authorities)
Health professionals
Law enforcement officers
Legally appointed guardian
Member of senior management
The signs of financial, physical, emotional, sexual abuse and neglect can be
somewhat hard to see. Often clients will not be open about these issues and it is
up to you to identify them. Signs may include:
Other signs include cultural or religious sign where you might be required to
provide interpreters. These sign are usually much easier to detect, however if
dealing with adults sometimes they will not want to admit they might need extra
assistance.