Legal Rights And Responsibilities For Counsellors In Community Services/Health Sector Industry

Key Legal Rights and Responsibilities

1. There will be numerous legal rights, requirements and responsibilities that you need to take into account whilst performing your particular job. Briefly describe the key rights and responsibilities associated with your role within the community services/health sector. Give 4 examples of ways an organisation might inform its employees of their legal or ethical duties. Research and explain the following key pieces of legislation that influence the way you perform your job as a worker in the industry (in your State/Territory within Australia). Anti-discrimination Act 1977 .Work health and safety (WHS).Privacy Act (1988) .Provide an example of a scenario where you would need to obtain informed consent from a client.

2. Duty of care ensures that a clients’ rights to safety and security are upheld. Explain the basic duty of care responsibilities you have to clients in your care. In your own words, describe ‘Dignity of Risk’ by providing an example of when you might come across this when working with a client. Violating confidentiality and negligence are two areas where workers could breach duty of care responsibilities. For each area, outline a scenario for how this could occur when working with client in your area of expertise.List 2 other potential areas where legal breaches could occur.

3. The policies and procedures of the organisation you work for will be largely influenced by its legal obligations. As a counsellor. List 5 things that an organisations’ procedures might relate to. Research the reporting requirements for your State/Territory and outline once instance when reporting becomes mandatory. Explain at least 3 key areas that the ‘codes of practice’ will address. Describe 6 ways that you can demonstrate good practice in your specific role (working as a counsellor for example).

4. A ‘Code of ethics’ guides the expected conduct of staff in relation to the specific values and ethical standards of an organisation. List at least 5 key ethical principles central to any code of ethics – and in particular, to the counselling role. For each of your answers above, explain an action you can take to demonstrate your commitment to ‘working ethically’ in this context. List 6 key principles set out in the PACFA Code of Ethics.What are the responsibilities of counsellors under this same code? List at least 5.

5. Ethical issues and dilemmas can often be extremely complex in nature. List 4 things to be aware of before any decisions are made on how to deal with the situation.

Examples of Information about Legal and Ethical Duties

6. What steps should you follow if you discovered that one of your work colleagues was acting unethically? In your answer you should include an example.

7. Workers need to ensure that all clients are treated the same regardless of personal values, beliefs, attitudes and/or culture. Explain how reflection allows you to recognise the effects of your own values and attitudes on the work that you do.Other than reflection, describe 5 things you can do to help ensure non-judgemental practice.

8. A client you are assisting has started to tell you how much they value your help and that they really enjoy spending time with you. On your next meeting, they offer you a gift to say ‘thank you’, and ask if you can spend more time with them. What is the name given to this type of situation? Describe another potential example of this type of issue in your working context. You may need to perform research. Describe 2 different approaches that organisations could explore when trying to find solutions to problems in the workplace. What action would you take to resolve this particular issue/dilemma? Assume that you just received a complaint from a client. How would you manage this situation? (List at least 6 considerations)

9. Using the following headings, provide an example of a situation where the current work practices could be improved to meet legal and ethical responsibilities. Confidentiality. Diversity. Interactions with clients

10. Feedback can be used as a helpful tool in contributing to the improvement of workplace practices. Provide an example of how sharing your observations with your work team can improve the quality of service delivery of your organisation. Other than feedback, list 5 other reasons why an organisations policies or procedures may need reviewing. Describe 5 benefits of involving staff in the review and development process. Why do you think it is important that organisations strive to continually educate and develop the skills and knowledge of their staff? Justify your answer.

11. The Universal declaration of human rights outlines the rights that everyone is entitled to as a human being. Using your notes, ‘useful links’ or otherwise. Briefly explain some of the key issues that this document addresses. Explain the importance of having a thorough working knowledge of any frameworks, approaches or instruments associated with the sector within which you work. Discuss the relationship that exists between human ‘needs’ and human ‘rights’.

Dignity of Risk and Duty of Care

• Rights and responsibilities of counselors within the community services or health sector

The Key rights and responsibilities of counselors within the community services or health sector are as follows:

• Duty of care- counselors are obligated to exercise duty of care and is responsible for guiding the clients in the right direction according to the competence level, qualifications and experience of the counselors (Di Mattia and Grant 2016). The failure to perform this responsibility shall amount to ethical breach as it would enhance the risk of harm to be caused to the client and shall affect the ability of the profession in the eyes of the public.
• Client safety- as a counselor it is essential to ensure safety of clients and keep their records securely and in a safe manner. Counselors are responsible to undertake every possible reasonable measure to make sure that the client does not experience any form of physical, psychological or emotional harm during the counseling sessions.
• Build a relationship of trust- the counselor is responsible to inform the clients about the nature of counseling that shall be offered instead of making any unjustifiable claims about their services.
• Respect confidentiality- counselors are required to safeguard confidentiality and privacy of the clients as it is fundamental to develop safe environment and reinforces the trust that the clients have in the counselors.
• Ethical practice- counselors are required to maintain professional and ethical relationship with the colleagues preventing discriminatory practices against the colleagues on the grounds of age, values, religion, culture or sexual identity.

According to PACFA, Counselors are required to conduct in a manner prescribed in the policies and procedures of the organizations. Counselors are responsible for reporting serious cases pertaining to ethical misconduct if the counselor fails to maintain the ethical standard or perform the responsibilities (Bond 2015).

• Four examples of ways in which an organization might inform employees about their ethical or legal duties

Every organization must maintain standard legislations and policies like work health and safety. The employees or workers in such organizations must have adequate knowledge about such legal requirements and organizational policies (Burns 2016). Some of the organizational policies or legal requirement that employees are required to comply with includes Equal Employment Opportunity, Privacy, Discrimination and Harassment, freedom of information, social justice, WHS laws, mandatory reporting, human rights and Disability standards.

It is the responsibility of the organization to provide its employees with adequate information about the organizational policies prevalent within the organizations (Smith 2016). Four examples of ways in which an organization might inform employees about their ethical or legal duties are as follows:

1. In-house training;
2. Presentations or Seminars/Conferences;

• Emails or Memos;

1. Staff meetings

• Essential pieces of legislation

Anti-discrimination Act 1977- In NSW, this legislation safeguards employees against discrimination in workplace on the grounds of race, color, and ethno-religious or national origin. In NSW, the employers are prohibited from treating the employees unfairly or harass them because of marital status, disability, transgender status of any relative or a job applicant.

The employees must be treated as per their merits and ability with respect to their employment packages, salaries, promotion and workplace related benefits. The employees must treat the colleagues with respect and encourage them without mistreating or discriminating them on the same grounds that prohibits an employer to discriminate (Robertson 2015).

Several organizations have grievance procedures to deal with harassment or discrimination complaints. The employer conducting discriminatory practices shall be legally liable for such harassment or discrimination.

Work health and Safety Laws- Work Health and Safety Act 2011 and the Work Health and Safety Regulation 2017 stipulate that the employers or business owners are responsible to ensure the safety and health of the workers in the workplace (Barak 2016). The employer must provide adequate trainings and equipments to employees as per their specializations to ensure their safety.

For a worker, it is important to comply with instructions provided for work health and safety, use any provided for their safety, and receive training to use them as well. A worker must ensure safety of other workers along with his or her own safety.

Potential Legal Breaches

Privacy Act (1988)- this deals with records of private sector and public sector employees separately, however, it excludes dealing with personal information of employees by employer of private sector employer if such information is related to the employee record or present or former employment relationship (Wilensky 2015). For a worker or an employee, it is expected that they cooperate with their employer regarding monitoring of certain activities if it was previously informed to the employee. The employees are expected to respect the privacy of the colleagues as well.

• Example of informed consent from a client

A counselor is expected to maintain privacy of clients of the counseling sessions to ensure sessions are not overheard, observed or recorded by any other person except the counselor. However, under certain circumstances, it may become important for the counselor to allow another person to prevent life threat of client by assisting the client during the session. Under such circumstances, the counselor must inform the client about the presence of another person during the session and obtain his or her consent for the same.

• Every worker owes a duty of care towards every client under the employment conditions and the common law principles of negligence. The basic duty of care towards the client is to supervise that they comply with rules and practices that are designed for the safety of the clients as well as of others.
• ‘Dignity of risk’ implies respecting the autonomy and self-determination of clients to make choices for him or herself. Adults have a right to make choices about their health and care even if such choices might jeopardize the adults in the opinion of the healthcare professionals. For instance- while working with a client who requires personal care assistant, may refuse to obtain one and decides to live by himself. The acceptance of this decision shall signify ‘dignity of risk’ provided such client is competent to make such decision (Williams, Perillo and Brown 2015).
• Confidentiality breach may take place if counselor fails to safeguard the information shared by the client and reveal the same. The counselor may commit negligence if it fails to exercise duty of care towards the client when they are not provided with warnings or essential information that would have otherwise prevented them from sustaining injuries or damages.
• Counselors may be liable for legal violations if they exploit the clients in sexual, financial or emotionally. If the counselors fail to carry out their counseling activities professionally and undertakes the activities beyond professional scope or casually, it shall amount to a legal violation.

• an organizational procedures might relate to the following five things:
• Record keeping;
• Reporting;
• Timetable management systems;
• Dealing with emergency situations;
• Handling grievance, complaints or conflict;
• Mandatory reporting responsibilities for NSW are stipulated in the Children and Young Persons Care and Protection Act 1998 where it sets out that signs of neglect or abuse in youth and children should be reported. Under circumstances when mandatory reporting becomes important is when a child or client is subjected to significant danger, it is important to attend the clients personally to provide them with proper treatments. The counselors as stipulated under Children and Young Persons (Care and Protection) Act 1998 must report about children and young person in jeopardy before the NSW Department of Family & Community Services. In case of adult clients who are in danger, the counselors must exercise their duty of care and refer them to appropriate medical services such as local Community Mental Health Teams, hospital emergency departments, local refuges, domestic violence centers, etc (Wilensky 2015).
• The essential areas where the ‘Code of Practice’ shall be applicable include the following three essential areas:
• Consent- informed consent is a procedure to obtain permission prior to carry out health care measures on the client. For instance to obtain approval of client before providing therapy to the client;
• Confidentiality, privacy and disclosure- the code of practice obligates counselors to maintain ethical and legal duties while dealing with the clients. for instance- the Privacy Act 1988 (Cth) safeguards use of information shared by clients and permits its use or disclosure in workplace in a specific manner that is related to the service rendered by counselors;
• Records Management- the code of practice requires counselors to ensure confidentiality of data, electronic files and information management systems that safeguards the data of clients from being accessed illegally.
• Good practice of a counselor can be demonstrated in the following six ways:
• Familiar with present legislation and information relevant to client in family or workplace;
• Ensure appropriate interferences;
• Provide accurate and adequate information within the area of expertise;
• Maintain safe and healthy working environment;
• Reporting non-compliance conducts to supervisors/company;
• Prevent discrimination at workplace;
• Maintain privacy and confidentiality, respecting dignity of all at workplace.

• Five ethical principles include:
• Respect
• Honesty
• Courage
• Justice
• Integrity
• Respect- to respect essential humanity and dignity and promote the value at workplace;
• Honesty- to be honest while rendering services and encourage clients to be honest with their grievances;
• Courage-to be courageous to face any situations and take responsibility for any harm resulted from counseling;
• Justice- to be fair in rendering counseling services to the clients ensuring it does not cause them harm;
• Integrity- to maintain professional boundaries within counseling relationships and set out healthy and cooperative environment;
• The principles of PACFA Code of Ethics:

1. Autonomy;
2. Trust

• Beneficence

1. Fairness
2. Non-maleficence
3. Self-respect;

• Responsibilities of counselors under PACFA:

1. To give priority to clients;
2. To maintain and respect confidentiality;

• To respect diversity;

1. To work ethically with colleagues;
2. To respect professional boundaries;
3. To develop a relationship of trust with clients;

1. The situation must be identified and assessed;
2. The situation should be determined from a public sector perspective;

• The available options should be identified and considered;

1. The options that is most appropriate to deal with the situation should be applied;

If a colleague is engaged in unethical practice like disclosing confidential information of his or her client, which amounts to ethical breach,

1. the issue may be discussed with the colleague personally;
2. the issue may be addressed with honesty and openly to resolve before it accelerates;

• if not solved, to talk with experienced colleagues;

1. to inform manager or supervisor of organization;
2. to inform the HR department of organization;

• Reflection assists in:
• comprehending strengths and weaknesses better;
• recognizing areas of potential discrimination;
• acknowledging my fears;
• recognizing potential areas for improvement;
• the other approaches ensuring non-judgmental practice:
• social awareness;
• self-management;
• self-awareness;
• regular feedback;
• education/training;

• building a relationship of trust;
• Clients belong to diverse culture and they may reflect their feeling differently. For instance- a client may exhibit a behavior that is not acceptable in the culture of the counselor. However, the counselor must not be judgmental and approach such persons in a friendly, tactful or willingly (Wilson and Pender 2017).
• Two different organizational approaches:
• Monitoring of the situation;
• Applying trial and error method to resolve problem;
• I would discuss the issue with the client that offering of gifts or gratuities is against the protocol of the organization and being honest and open about the problem might resolve it effectively.
• On receiving complaint I would:

1. Approach complainant in friendly and tactful way
2. Exhibit common courtesy every time;

• Avoid being judgmental;

1. Show compassion;
2. Take responsibility if I am liable;
3. Exhibit patience and tolerance;

• Confidentiality- to obtain written consent from the client or his or her legal representatives to disclose any confidential matter with the objective to prevent risk of harm towards the client or when such disclosure is legally authorized by courts;
• Diversity- eliminate any fear factor or intricacies that hinder immediate solution to problems and encourage open communication. The differences in accommodating should be considered and different actions and approaches should be adopted to deal with different issues.
• Interactions with clients- open and honest communication should be conducted between the clients to strengthen the relationship of trust so that they are prevented from any risk of harm;

• By sharing my observations with my work teams shall be helpful as it will assist them to recognize the flaws that I had committed or the areas which requires improvement. It would encourage them to portray awareness of their personal attitudes and values as well as prohibit them from being partial to the work practice or affect the conversations between them and the clients (Wilensky 2015).
• Five reasons include:

1. Uncertainty in present processes used by staff members;
2. Changing needs of the clients;

• Changes in the industry and modern trends;

1. Risks or threats identified within an organization;
2. Changes in legislations and statutes;

• Five benefits include:

1. It develops stronger sense of ownership and responsibility;
2. It endows the organization with several ideas that otherwise would not have been taken into consideration;

• It encourages persistence in professional education and development;

1. It ensures better understanding of the requirements;
2. It may enable individual to highlight valuable information to resolve issues necessitating to review;

• The organizations continually strive to develop skills and knowledge of staffs due to the growing changes in the legislations, industries and advancement in technology. A well-advanced staff will enhance the productivity of an organization due to their adequate knowledge and skills (Bond 2015). It also enhances skills and knowledge of the staffs personally providing them with the opportunity to grab better opportunities resulting in growth and progress of the staffs as well.

• The document addresses the following key issues:

1. Ethical responsibilities- a counselor is responsible to exercise duty of care on the clients to ensure their good health and safety and prevent them from the risk of harm;
2. Legal responsibilities- business owners and counselors are responsible to ensure safety and good health of the employees and clients respectively, otherwise they shall be legally liable for failing to abide by the legal requirements;

• Confidentiality- disclosure of confidential matters without obtaining prior approval of clients often lead to breach of privacy and confidentiality which further results in loss of trust of the clients;
• It is very important to have adequate knowledge about the legal frameworks, instruments or approaches related to the field of counselor as it enables to render better services to the clients and prevent them from any risk of harm that they otherwise would have been sustained. It provides moral support to the clients who are in need of the same, hence, adequate knowledge is essential to guide them towards the right direction.
• A ‘human needs’ refers to the need for charity whereas ‘human rights’ refer to the translation of the needs into a entitlement with dignity. A ‘need’ is a desire that is or is not required for survival whereas a ‘right’ is a form of freedom that is conferred by authoritative body. The relationship between the two is that rights are based on the needs of human and has a universal application (Bond 2015).

References

Anti-Discrimination Act 1977 (NSW)

Australian Human Rights Commission, 2016. Willing to work: national inquiry into employment discrimination against older Australians and Australians with disability (2016).

Barak, M.E.M., 2016. Managing diversity: Toward a globally inclusive workplace. Sage Publications.

Bond, T., 2015. Standards and ethics for counselling in action. Sage.

Brett, M., 2016. PACFA submission to the Consultation on Sexual Assault Counselling Privilege.

Burns, J., 2016. The quandary of qualified counsellors. Independence, 41(2), p.64.

Compton, R.L. and McManus, J.G., 2015. Employee assistance programs in Australia: Evaluating success. Journal of Workplace Behavioral Health, 30(1-2), pp.32-45.

Di Mattia, M.A. and Grant, J., 2016. Counselling Psychology in Australia: History, status and challenges. Counselling Psychology Quarterly, 29(2), pp.139-149.

Robertson, G., 2015. Unlawful discrimination in the workplace. Legaldate, 27(3), p.4.

Smith, B., 2016. How Might Information Bolster Anti-Discrimination Laws to Promote More Family-Friendly Workplaces? Encouraging and Enabling Compliance.

Wilensky, H.L., 2015. Organizational intelligence: Knowledge and policy in government and industry (Vol. 19). Quid Pro Books.

Williams, B., Perillo, S. and Brown, T., 2015. What are the factors of organisational culture in health care settings that act as barriers to the implementation of evidence-based practice? A scoping review. Nurse education today, 35(2), pp.e34-e41.

Wilson, J. and Pender, K., 2017. Employment: An unholy trinity?: Religion, employees and the workplace. LSJ: Law Society of NSW Journal, (39), p.90.

Zur, O. and by Clients, G., 2015. Gifts in psychotherapy and counseling. Retrieved 7/12/17 from www. zurinstitute. com.