• CHCCS400B - Work within a relevant legal and ethical framework

Work within a relevant legal and ethical framework

This unit describes the knowledge and skills required to work within a legal and ethical framework that supports duty of care requirements


This unit is to be assessed in relation to the specific legal and ethical context of the work role/s and requirements to which it applies


Not Applicable

Elements and Performance Criteria



1. Demonstrate an understanding of legislation and common law relevant to work role

1.1 Demonstrate in all work, an understanding of the legal responsibilities and obligations of the work role

1.2 Demonstrate key statutory and regulatory requirements relevant to the work role

1.3 Fulfil duty of care responsibilities in the course of practice

1.4 Accept responsibility for own actions

1.5 Maintain confidentiality

1.6 Where possible, seek the agreement of the client prior to providing services

2. Follow identified policies and practices

2.1 Perform work within identified policies, protocols and procedures

2.2 Contribute to the review and development of policies and protocols as appropriate

2.3 Work within position specifications and role responsibilities

2.4 Seek clarification when unsure of scope of practice as defined by position description or specific work role requirements

2.5 Seek clarification of unclear instructions

3. Work ethically

3.1 Protect the rights of the client when delivering services

3.2 Use effective problem solving techniques when exposed to competing value systems

3.3 Ensure services are available to all clients regardless of personal values, beliefs, attitudes and culture

3.4 Recognise potential ethical issues and ethical dilemmas in the workplace and discuss with an appropriate person

3.5 Recognise unethical conduct and report to an appropriate person

3.6 Work within boundaries applicable to work role

3.7 Demonstrate effective application of guidelines and legal requirements relating to disclosure and confidentiality

3.8 Demonstrate awareness of own personal values and attitudes and take into account to ensure non-judgemental practice

3.9 Recognise, avoid and/or address any conflict of interest

4. Recognise and respond when client rights and interests are not being protected

4.1 Support the client and/or their advocate/s to identify and express their concerns

4.2 Refer client and/or their advocate/s to advocacy services if appropriate

4.3 Follow identified policy and protocols when managing a complaint

4.4 Recognise witnessed signs consistent with financial, physical, emotional, sexual abuse and neglect of the client and report to an appropriate person as required

4.5 Recognise and respond to cultural/linguistic religious diversity, for example providing interpreters where necessary

Required Skills

This describes the essential skills and knowledge and their level required for this unit.

Essential knowledge:

It is critical that the candidate demonstrate knowledge of:

Distinction between ethical and legal problems

Importance of ethics in practice

Importance of principles and practices to enhance sustainability in the workplace, including environmental, economic, workforce and social sustainability

Occupational health and safety (OHS) requirements

Outline of common legal issues relevant to the workplace

Overview of relevant legislation in the sector and jurisdictions

Principles and practices for upholding the rights of the client

Principles and practices of confidentiality

Relevant standards and codes of practice in the sector

Rights and responsibilities of clients

Rights and responsibilities of workers

Specific principles underpinning duty of care and associated legal requirements

Strategies for addressing common ethical issues

Strategies for contributing to the review and development of policies and protocols

Strategies for managing complaints

The candidate must also be able to demonstrate essential knowledge required to effectively do the task outlined in elements and performance criteria of this unit, manage the task and manage contingencies in the context of the identified work role, such as knowledge of:

Overview of the legal system

Principles and practices for upholding the rights of the children and young people

Principles of ethical decision-making

Reporting mechanisms for suspected abuse of a client

Strategies for managing abuse of a client

Types of abuse experienced by client (including systems abuse)

Types of law

Essential skills:

It is critical that the candidate demonstrate the ability to:

Demonstrate understanding of and adherence to own work role and responsibilities

Follow organisation policies, protocols and procedures

Work within legal and ethical frameworks

In addition, the candidate must be able to effectively do the task outlined in elements and performance criteria of this unit, manage the task and manage contingencies in the context of the identified work role

These include the ability to:

Apply reading and writing skills required to fulfil work role in a safe manner and as specified by the organisation

Apply oral communication skills required to fulfil work role in a safe manner and as specified by the organisation

Apply problem solving skills that require negotiation to resolve problems of a difficult nature within organisation protocols

Consult with a variety of stakeholders in order to achieve service objectives

Evidence Required

The evidence guide provides advice on assessment and must be read in conjunction with the Performance Criteria, Required Skills and Knowledge, the Range Statement and the Assessment Guidelines for this Training Package.

Critical aspects for assessment and evidence required to demonstrate this unit of competency:

The individual being assessed must provide evidence of specified essential knowledge as well as skills

This unit will be most appropriately assessed in the workplace or in a simulated workplace and under the normal range of workplace conditions

It is recommended that assessment or information for assessment will be conducted or gathered over a period of time and cover the normal range of workplace situations and settings

Access and equity considerations:

All workers in community services should be aware of access, equity and human rights issues in relation to their own area of work

All workers should develop their ability to work in a culturally diverse environment

In recognition of particular issues facing Aboriginal and Torres Strait Islander communities, workers should be aware of cultural, historical and current issues impacting on Aboriginal and Torres Strait Islander people

Assessors and trainers must take into account relevant access and equity issues, in particular relating to factors impacting on Aboriginal and/or Torres Strait Islander clients and communities

Context of and specific resources for assessment:

This unit can be assessed independently, however holistic assessment practice with other community services units of competency is encouraged

Resources required for assessment include access to:

An appropriate workplace and/or simulation of realistic workplace setting where assessment can take place

Relevant organisation policy, protocols and procedures

Method of assessment may include:

Observation in the workplace

Written assignments/projects

Case study and scenario analysis


Role play simulation

Range Statement

The Range Statement relates to the unit of competency as a whole. It allows for different work environments and situations that may affect performance. Add any essential operating conditions that may be present with training and assessment depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts.

Clients may include:

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 the community

Job seekers

People seeking advice and assistance

Prospective individuals to the service or services

Contexts of work role may include :

Work undertaken in:

client's own dwelling

independent living accommodation

residential aged care facilities

community centres

children's services centres

carer's home

Work in the context of:

community, government or private agency or organisation

services delivered as a sole trader

providing telephone advice and assistance

Identified policies, protocols and procedures refer to:

Guidelines and practices 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

Key statutory and regulatory requirements may include those related to:

Building standards

Care and education of young children

Child protection and guardianship legislation

Criminal acts

Discrimination and harassment

Equal employment opportunities

Freedom of information

Health records legislation

International and national standards

Mental health legislation


Pharmaceutical benefits

Poisons and therapeutics

Privacy legislation

Public health

Registration and practice of health professionals

Residential and community services

Restrictive practices

Report may be, and include:




Non-verbal (written):

progress reports

case notes

incident reports

Rights may include:

Access to services



Freedom of association

Informed choice


Right to express ideas and opinions

To an agreed standard of care

To lodge a complaint

Rights are detailed in:

Accreditation standards

Industry and organisation codes of conduct, practice and ethics

Industry and organisation service standards

International and national charters


Principles of access and equity may include:

Creation of a client orientated culture

Non-discriminatory approach to all individuals using or accessing the service

Respect for individual differences

Appropriate person may include:

Advocates/family members


External agencies (complaints and advocacy services. professional registering authorities, child protection authorities)

Health professionals

Law enforcement officers

Member of senior management


Not Applicable

Employability Skills

This unit contains Employability Skills

Licensing Information

Not Applicable