Lecture Notes- Manage Legal and ethical compliance PDF

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Lecture Notes - Manage Legal and Ethical Compliance, Code of Conduct, ACTs & Laws...

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Notes 28/08/18

Manage Legal and Ethical Compliance Class Discussion and ideas What is your understanding of the Australian legal system? - Federal/state/local - Laws/act/legislation - Government/parliament/parties, Prime Minister’s - Police/enforcement - Court 1)Motion – Lower House gets passed 2) Parties debate 3) Senate ACT Law What -

is your understanding of ‘types of law’? Legal Illegal Federal/state Liberal/Labour

Commonwealth Law: Also known as judge made case law and Precedent law. Anything that doesn’t have legislation. Parliament Law: Also known as statute law, legislation. Is developed through the houses of parliament by the way of a bill. Law: A body of rules of conduct of binding legal force and effect, prescribed, recognised and enforced by controlling authority. Statute Law/ Purpose of Statues: - Solve a problem - Give effect to party policy - Prevent problems - Consolidate common laws - Statute law always override common law Federal – Parliament State/Territory – Parliament Local – Council What is the Government responsible for in Australia? Federal: General laws, Centrelink, Healthcare State/Territory: RTA (roads, licences) Local: Education, schools, community events, council Key Legislations – Australian Government:

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Family Law ACT 1975 Freedom of Information ACT 1982 Work Health and Safety ACT 2011 Equal Employment Opportunity (Commonwealth Authorities) ACT 1987 Privacy ACT 1988 Racial Discrimination ACT 1975 Disability Discrimination ACT 1992 Sex Discrimination ACT 1984

Key Legislations – New South Wales Government: - Anti-discrimination ACT 1977 - Administrative decisions Tribunal ACT – no date - Crimes ACT 1900 - Evidence ACT 1995 - Government Information Public Access ACT 2009 - Mental Health ACT 2007 - Ombudsman ACT 1974 - Young Offenders ACT 1997 - New South Wales Trustee and Guardian ACT 2009 - Public Interest Disclosures - no date - Privacy and Personal Information ACT 1998 Australian Federal Government: - Defence - Currency - Foreign affairs and trade - Immigration and Social Security - Employment - Taxation and finance - Industry - Health and science - Environment - Tourism - National defence - National development - Postal Service State -

Government: Education Transport Police House Hospitals Agriculture Lands Mines

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Housing Energy Justice Environment Industrial relations Water Sport

Local Government: - Local roads - Local parks - Building permits - Sanitary - Drainage - Streetlighting - Animal permits Public Law: - Society as a whole - Administrative - Constitutional - Criminal - Industrial Private Law: - Deals with disputes between private citizens about private interests or rights including; property, contracts, family, succession, trusts and commercial. International Law: - National trade - Boundaries - Human rights - International conventions What is the scope of the ACWA (Australian Community Workers Association) Code of Ethics - The foundation for exemplary (model/perfect/ideal) community work practice. - Benchmark for practitioners - A CWA has defined a community work practitioner as a person who; holds a relevant qualification, has values, knowledge and skills to work independently or with others in an agency or program intended to facilitate or ensure social inclusion. A community worker is expected to acknowledge and respect the worth of all individuals and diversities. Unacceptable to conduct oppose to full recognition of human dignity and individual rights.

ACTS contain set elements. (Unlawful to discriminate, treated less favourably, not given the same opportunities as others in the same situation) Importance of code of ethics in the community services sector: - Outlines worker and client responsibilities - Guidelines for ACTs, laws and legislations - Maintain the standards required - Rules, ground work, clarifies standards including mission/vision of organisations How -

to implement code of ethics in the workplace: Give a copy of the Code Of Ethics to all staff Provide a way to report breaches in a confidential matter Set up committee that monitors Code Of Ethics Make Code Of Ethics available in other languages Make senior staff role models/implement Code Of Ethics Copies available to other organisations and partners if appropriate Introduction sessions include a session of Code Of Ethics Featured in ongoing training

Ensure Compliance with Code Of Ethics: - Make sure Managers/Supervisors/Leaders have suitable knowledge - Demonstrate and set an example to other staff - Remind staff why Code Of Ethics are necessary - Make Code Of Ethics easily accessible for all - Encourage Employees - Monitor who has read Code Of Ethics/ internal audit Short Answer Questions: 1) As a manager, what steps would you take if there were any breaches within your team/organisation? - Uphold privacy and confidentiality of person raising breach - Determine if Code Of Ethics have been breached ASAP (weather they formal or informal). Elements to look into would be: Proof of alleged breach, compliance history or person or group and who raised the breach (could there be possibilities of conflict?) - Allegations of misconduct will be considered by an independent and unbiased authority - Uphold Duty of Care to all employees - Documentation to be prepared - Consultation: chance for person or group to speak, express emotions and thoughts - Record keeping - Suspension/reassignment of duties/probation - Access to support for person who breached Code Of Ethics (i.e. counselling, extra days off work, referral to appropriate services if needed)

2) Explain why it is important for management team to follow all workplace policies and procedures? - Demonstrates compliance - Teachers staff the importance of policies and procedures - Becomes a source of information/support - Knowledge and experience - Comply with legal and organisations requirements - Keeps workplace and staff safe from breaches - Staff and management know what to do in case of breaches 3) -

List what practices you demonstrate as a role model to your team? Initiative to take responsibility in regards to training Implementation Inspire other staff Set aside time for employee concerns and questions Support and encouragement/approachability Attend training/workshop/meeting/implementations alongside staff Provide knowledge and assistance to staff who need further assistance Provide easy access to Code Of Ethics Ability to learn about the employee and build positive strong rapport and relationships...