CHCCS400C

Work within a relevant legal

and ethical framework

Monash Short Courses Centre

Building 51
Monash University Clayton
www.shortcourses.monash.edu

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.

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Legal and ethical framework

In all forms of employment or volunteering it is important to be aware of the
legal rules governing your work. In Australia laws are based on protecting people
and organisations and consist of:

Acts passed by the Federal Government

Ordinances made in respect of the Territories (NT and ACT)
Acts passed by state parliaments and the Legislative Assemblies of the
Territories
Australian common law, which developed from English common law and is
interpreted and modified by the courts.

Legislation refers to statutes that relate to the documentation of laws created

that have been passed by federal and state parliaments.
Your organisation will be subject to both federal and state laws. Lots of
organisations are subject to the same laws, however some specific laws apply
depending on the industry of your organisation. For example a Police Check
might be required if your organisation is working with children.
Key statutory and regulatory requirements may include those related to:
Aged care standards
International and national
standards
Building standards

Mental health legislation

Care and education of young
Pharmaceutical benefits
children
Child protection and
Poisons and therapeutics
guardianship legislation
Privacy legislation
Criminal acts
Public health
Disability standards
Registration and practice of
Discrimination and harassment
health professionals
Equal employment opportunities
Residential and community
services
Freedom of information
Restrictive practices
Health records legislation
WHS
Research
For more information on state and federal legislation please visit:
http://australia.gov.au/topics/law-and-justice/legislation
http://www.legislation.vic.gov.au/

The following pages describe, in more detail some of the common statutory and
legal requirements that may be relevant to your work role.

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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.

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Discrimination and harassment

Discrimination and sexual harassment are prohibited in the provision of any of
the following:

Education
Employment
Access to premises
Provision of goods, services & facilities
Accommodation
Clubs & associations
Sport

It is against the law to discriminate against someone because of their actual or

assumed:

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.
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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:

conduct of a sexual nature which is:

unwelcome and unsolicited,
and may cause offence, humiliation or intimidation.

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.

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In determining if sexual harassment has occurred the question asked is "would a

reasonable person, having regard to all the circumstances, have anticipated that
the person harassed would feel offended, humiliated or intimidated?"

Equal employment opportunities

Everyone is entitled to economic, social, cultural, political and civil rights. Each
person is entitled to these rights without distinction of any kind, such as race,
colour, sex, language, religion, political or other opinion, national or social origin,
property, birth or other status.
The Victorian Equal Opportunity Act 2010 (VIC) and the Equal Opportunity for
Women in the Workplace Act 1999 requires employers, including institutions of
higher education, to implement programs which promote equal opportunity for
women and which eliminate the possibility of direct and indirect discrimination
against women in employment. Organisations must report annually on these
programs and the effect they have had on women's employment.
The aim of equal opportunity for women in the workplace legislation is to ensure
that all employees are:
treated with fairness and respect
given equal access to the opportunities available at work, on the basis of
merit
not subject to discrimination and harassment in the workplace
Equal opportunity for women in the workplace legislation covers the following
areas:
Recruitment and selection
Promotion, transfer and termination of employment
Training and development
Work organisation
Conditions of service
Arrangements for dealing with sex-based harassment
Arrangements for dealing with pregnant and potentially pregnant
employees, and employees who are breastfeeding

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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:

Eliminate as far as possible disability discrimination

Ensure equality before the law for people with a disability
Promote recognition and acceptance within the community that people
with a disability have the same fundamental rights as the rest of the
community

Under the DDA, the definition of disability includes:

total or partial loss of a person's bodily or internal functions;

total or partial loss of a part of the body;
the presence in the body of organisms causing (or capable of causing)
disease or illness;
the malfunction, malformation or disfigurement of a part of the body;
a disorder or malfunction that results in the person
learning differently from a person without the disorder or
malfunction;
a disorder, illness or disease that affects a person's
thought processes, perception or reality, emotions or
judgement or that results in disturbed behaviour.

The DDA covers conditions that:

presently exist; or
previously existed but no longer exists; or
may exist in the future; or
is imputed to a person.

Disabilities can broadly fall into the following categories

Physical
Psychiatri
c
Sensory
Learning

Intellectu
al

Mobility impairments, cerebral palsy and paraplegia.

Depression, mood disorders, schizophrenia, phobias, panic attacks.
Deafness, hearing impairment, blindness, vision impairments, loss
of smell, touch sensation.
A disorder or malfunction that results in the person learning
differently is currently called a learning disability. The effects of a
learning disability can include an inability to manipulate numbers,
problems with spelling and grammar, or an inability to process
written material.
An impairment of a range of intellectual functions that generally
manifest before the age of 18, demonstrate below average
intelligence as reflected in an intelligence quotient (IQ) of about 70
or less and exhibit deficits in adaptive behaviour such as self care,
social skills, and everyday living skills. Students who meet the

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Medical

inherent requirements of higher education courses would generally

not fit into this category.
Epilepsy, asthma, heart problems, chronic fatigue, allergies and so
on. Medical conditions can be either short term, temporary, long
term or permanent.

Under the DDA an important distinction is made between impairment and

disability. Impairment refers to a loss or abnormality of body structure or function
while disability refers to the degree of difficulty a person experiences as a result
of the impairment.

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.

The collection of personal information

Use and disclosure of information
Data quality
Data security
Openess about an organisation's privacy policy
Access and accuracy of information, allowing clients to have access to
their own personal information and to have the information corrected is
necessary
7. Identifies, such as Medicare number or student number, to be only used
for the purpose they were issued
8. Anonymity when possible
9. Transborder data flows meaning the privacy protections apply to the
transfer of personal information outside of Australia
10.Sensitive information might require the client's consent
Research
For more information on privacy please visit
http://privacy.gov.au/http://www.legislation.vic.gov.au/

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Policies, protocols and procedures

Now that you have the foundation knowledge about laws that may relate to your
volunteering we will look at policies and procedures and how they govern
organisations.
The policies and procedures are guidelines and practices that have been
developed to address legal, ethical and regulatory requirements, including:

formal, documented guidelines of an organisation

informal practices used by a small organisation or individual
owner/operator

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:

Post any material that is militaristic, obscene, defamatory, bullying,

harassing, discriminatory, hateful, racist, sexist or otherwise unlawful;
Use or disclose any material that is confidential or secure information;
Post any material that might otherwise cause damage to Monash
Universitys reputation.

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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:

Prospective individuals to the service or services

Children and families using children's services
Children and young people
Individuals living in government funded services and/or institutions to
'clients'
Individuals living in residential aged care environments
Individuals living in residential disability environments
Individuals living in the community
Job seekers
People seeking advice and assistance

Values, beliefs and attitudes

Your values will influence the way you work as a volunteer. They have already
influenced your choice to become a volunteer and the organisation you choose
to work with.
Volunteering principles reveal values about respect for others, integrity, human
rights and equity. We also use the term 'values' to describe what we regard as
important. Everyone has personal values that allow us to identify with group,
organisational and societal values. Unfortunately sometimes differences in
values can lead to conflict between people or groups. That is where tolerance
and recognition of other people's rights is important.
An organisation will often have its own values that it would like the employees to
uphold. This information may be found in things like organisation's mission
statement. When working in any organisation you are still likely to encounter
situations where you have to work with people whose values, beliefs and
attitudes are different from yours. Dealing with these situations can sometimes
be difficult. It is important that when volunteering you can separate your
personal values from that of the organisation. If you are finding it too hard to do
this, it is probably a good indicator that this organisation is not a good fit for you.

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Non-judgemental practices can be achieved through identifying your own beliefs

and values.

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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.

Disclosure and confidentiality

Other policies your organisation should have relate to disclosure of information
and confidentiality. Guidelines are in place so that clients feel like they can trust
the organisation with sensitive or personal information. The main point about
disclosure and confidentiality is using information for the purpose that you
intended to. For example if you were to volunteer for a legal office it would not
be appropriate to discuss details of cases with your friends or other clients.
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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

Managing customer rights and complaints

The first thing to remember about a complaint is that it is an opportunity to
improve your service. Dealing with a complaint successfully can mean that the
customer who complained can be turned into a champion for your organisation.
You will also come to understand your customer needs more fully and are likely
to improve your reputation. What works well is a complaints handling system, so
check whether your organisation does have a documented process for dealing
with complaints. It may sound odd, but it should be easy for a client to leave
feedback.
The following are points to keep in mind when handling a complaint.

Be sympathetic and calm, even if you do not think the complaint is

justified
Acknowledge that there is a problem and listen
Clarify facts
Write down the complaint and confirm this with the client
Ask them what they want you to do and write this down, too
Depending on the scope of your job role, you may be able to meet the
client's needs at this point or you will need to refer the complaint to
someone else in the organisation
Tell the client what you are going to do and when and record this
Remember, never to make promises you are not able to keep
Take the necessary action.

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Follow up to check if the complaint has been addressed either directly with
the client or with the person authorised to handle the complaint.

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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:

Being absent from work

Stressed
Abnormal behaviour
Noticeable physical changes such as weight loss or bruising
Withdrawn
Changes of behaviour or schedule

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.

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