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Elements and Performance Criteria

  1. Elements define the essential outcomes
  2. Determine ethical responsibilities
  3. Apply ethical standards to the dispute resolution process
  4. Reflect on ethical practice

Performance Evidence

The candidate must show evidence of the ability to complete tasks outlined in elements and performance criteria of this unit, manage tasks and manage contingencies in the context of the job role. There must be evidence that the candidate has:

performed the activities outlined in the performance criteria of this unit according to legal requirements and ethical standards during a period of 50 hours of dispute resolution work with clients under the supervision of an accredited Family Dispute Resolution Practitioners in a dispute resolution service

developed responses to at least 5 different complex ethical dilemmas in family dispute resolution practice.


Knowledge Evidence

The candidate must be able to demonstrate essential knowledge required to effectively complete tasks outlined in elements and performance criteria of this unit, manage tasks and manage contingencies in the context of the work role. This includes knowledge of:

Family Law (Family Dispute Resolution Practitioners) Regulations 2008 and other ethical matters related to:

bias what constitutes bias and perceived bias, and how to respond, including:

relationships of a personal nature with one or more participants to the dispute

prior knowledge of or involvement with the client on a professional level which would be seen to be a conflict of interest

real and/or perceived conflicts

religious or cultural issues that compromise impartiality of practitioner

personal values that prevent impartiality of the practitioner

practitioner seeking to make inappropriate personal gain monetary or otherwise from the vulnerability of the client and/or their information.

practitioners refraining from becoming involved in relationships with parties

client’s inappropriate attempt to exchange information

children in the workplace and child-focussed practice

collaborative practice – when and how to work with co-facilitators and other professionals and the ethical issues to consider

codes of conduct

conflict of interest, including:

what constitutes conflict of interest and perceived conflict of interest

when and how conflict of interest may be waived

discrimination

duty of care

human rights

informed consent

mandatory reporting

misuse of the dispute resolution process, how this occurs, and how to respond

practitioner/client boundaries

privacy, confidentiality and disclosure, including:

requirements for what must be discussed and explained to participants (expectations, obligations and limitations)

what must be included in written agreements to enter the dispute resolution process

handling of legal documents and information

consents required for sharing of information, disclosures of agreements

storage and disposal of records

policy frameworks

records management

referral frameworks and obligations

rights and responsibilities of workers, employers and clients

termination of FDR obligations and where such action is appropriate

work role boundaries – responsibilities and limitations

work health and safety

community, educational or other resources for referral or use within the dispute resolution process

self knowledge, including personal and cultural attitudes toward family conflict and the impact of self on the parties and process