Course Title: Manage legal and ethical compliance

Part B: Course Detail

Teaching Period: Term1 2018

Course Code: JUST5756C

Course Title: Manage legal and ethical compliance

School: 174T School of VE Engineering, Health & Science

Campus: City Campus

Program: C5357 - Diploma of Remedial Massage

Course Contact: Joshua Davies

Course Contact Phone: +61 3 9925 4333

Course Contact Email: joshua.davies@rmit.edu.au


Name and Contact Details of All Other Relevant Staff

Jeremy Sager

jeremy.sager@rmit.edu.au

9925 4294

Nominal Hours: 80

Regardless of the mode of delivery, represent a guide to the relative teaching time and student effort required to successfully achieve a particular competency/module. This may include not only scheduled classes or workplace visits but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities.

Pre-requisites and Co-requisites

There are no pre-requisites for tis unit.

Course Description

This unit describes the skills and knowledge required to research information about compliance and ethical practice responsibilities, and then develop and monitor policies and procedures to meet those responsibilities.

This unit applies to people working in roles with managerial responsibility for legal and ethical compliance in small to medium sized organisations. There may or may not be a team of workers involved.


National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

CHCLEG003 Manage legal and ethical compliance

Element:

1. Research information required for legal compliance

Performance Criteria:

1.1 Identify sources of information about compliance requirements 1.2 Evaluate own area of work and determine scope of compliance requirements 1.3 Access and interpret information relevant to area of work 1.4 1dentify risks, penalties and consequences of non compliance 1.5 Assess and act on need for specialist legal advice 

Element:

2. Determine ethical responsibilities

Performance Criteria:

2.1 Identify the ethical framework that applies to the work context 2.2 Incorporate scope of practice considerations as part of ethical practice 2.3 Evaluate responsibilities to workers, clients and the broader community 2.4 Model ethical behaviour in own work

Element:

3. Develop and communicate policies and procedures

Performance Criteria:

3.1 Clearly articulate and document policies and procedures to support legal and ethical practice in readily accessible formats 3.2 Integrate documentation and record keeping requirements into policies and procedures 3.3 Ensure systems protect client information 3.4 Nominate the roles and responsibilities of different people in meeting requirements where multiple people are involved 3.5 Distribute policies, procedures and legal information to colleagues and peers in a timely fashion

Element:

4. Monitor compliance

Performance Criteria:

4.1 Evaluate work practices for non-compliance on an ongoing basis, and implement modifications 4.2 Maintain and update required accreditations or certifications 4.3 Refer issues or breaches of ethical or legal practice to relevant people

Element:

5. Maintain knowledge of compliance requirements

Performance Criteria:

5.1 Identify and use opportunities to maintain knowledge of current and emerging legal requirements and ethical issues 5.2 Share updated knowledge and information with peers and colleagues. 5.3 Pro-actively engage in process of review and improvement

Learning Outcomes


Please refer to the Elements of Competency above.


Details of Learning Activities

 

All class learning materials, notes and other key learning resources can be accessed via myRMIT at www.rmit.edu.au/learninghub.
A combination of activities will support student’s learning in this course, such as:
• Face-to-face &/or online lectures to cover theoretical and practical concepts for each topic in the course
• Students will learn to apply their skills and knowledge to work integrated learning (WIL) in the student & clinical practice environment, during simulations and classroom based learning
• Work experience &/or placements observation of performance in the workplace will be a valuable part of your learning experience
• Tutorial activities (individually and in teams) to discuss, debate, critique and consolidate your ideas and extend your understanding around key concepts within specific topics
• Online discussions and activities to support and collaborate with other students in your course and debate and discuss ideas
• Utilise and develop critical research and cognitive skills to find credible sources of health information
• Self-directed study time (eg. readings or activities around theory) to enhance and strengthen your knowledge and understanding of theoretical concepts
• To further facilitate learning students are strongly encouraged to use a range of communication tools between themselves and their course instructor as well as between themselves and fellow students by using the online learning platform
• It is strongly recommended that students partner up with fellow students in order to practice assessment, treatment and palpation techniques


Teaching Schedule

Manage legal & ethical compliance. Semester 1 2018

Session

Date

Class

Assessments

1

1/05/18

Introduction to Law and Ethics,

Legal Terminology

Legal requirements and Industry Regulations

  

2

08/05/18

Personal Ethics and   Boundaries

Responsibilities and Ethics

Professionalism & Rights

  

3

15/0/18

 

Consent, Client Rights, Informed         Consent

Protecting your      Reputation

  

4

22/05/18

Duty of Care

Negligence

Vicarious Liability

LEG003 AT1 3xCase Studies due: 22/05/2018

5

29/05/18

Patients Records and Keeping           Accurate Documentation

Privacy and Confidentiality

  

6

4/6/18

Assessment submission finalisation

 

LEG003 AT2 Creating an  organisations policies and procedures document due: Friday 08/06/2018

 

 

 

 

 

 

 


Learning Resources

Prescribed Texts


References


Other Resources

http://www.rmit.edu.au/library

 

Forrester, K., & Griffiths, D. (2014). Essentials of Law for Health Professionals (4th ed.). Chatswood, N.S.W. : Mosby/​Elsevier.

 

Steele, J. (2014). Tort Law Text, Cases, and Materials (3rd ed.). Oxford: University Press.

 


Overview of Assessment

 
Assessment Tasks

LEG003 AT1. Case Studies

LEG003 AT2. Policy Document

LEG003 AT3.Clinic skills Checklist


The skills and knowledge to be assessed within this unit replicate real work skills within the industry. 

 


Assessment Tasks

  1. Written Knowledge Assessment Task

Case Studies in class:

Due Date for this Assessment task is 22nd May  2018

 

You will be provided with three (3) Case Studies. Please read each of these and answer the questions provided. You are to provide written answers and submit your assessment via Turnitin.

Your answers should provide evidence that you have read and understood the material and that you have identified and understood the relevant legal and ethical implications. Simply saying what should have happened is not sufficient. You must identify and explain the issues. Do not submit a list of points with numbers and/or bullets. 

The scenarios are based on actual cases. However, some changes have been made and neither the names of the participants nor the incidents described are identical to the facts in the real cases.

Case studies will be marked as (S)Satisfactory/ (NYS) Not Yet Satisfactory. Parameters along which answers will be graded include: 

  • Identification of relevant legal and ethical issues
  • Appropriateness of recommended actions
  • Presentation including grammar, spelling, punctuation, coherence of argument and layout.

Please Note:

You must address all the assessment criteria contained within the assessment task folder for this subject. Failure to address all the criteria listed in the assessment will result in a Not Yet Satisfactory (NYS) result.

 

 

  1. Written Knowledge Assessment Task

Creating an Organisation’s Policies and Procedures Document:

Due Date for this Assessment task is  8th of June 2018

 

You will be required to develop an organisation’s policies and procedures document for a fictitious massage clinic where you are employed. This document will contain the framework for your organisation’s legal and ethical compliance requirements and responsibilities. Each week in class we will discuss and work on this task. However, it is expected that students will also complete this task outside of the classroom in their own time. Your organisation’s policies and procedures document must address ALL the criteria contained within the Assessment Task folder for this subject, to receive a (S) Satisfactory pass mark for this unit.

 

 

Please Note:

You must address all the assessment criteria contained within the assessment task folder for this subject. Failure to address all the criteria listed in the assessment will result in a Not Yet Satisfactory (NYS) result.


Assessment Matrix

ASSESSMENT METHODS/TYPES OF EVIDENCE:

Interview/ Verbal Questioning

Self-Reflections

Assignment/ Project

Case Study or Role Play

Third Party Verification

Workplace Performance

Research or Report

Portfolio of Evidence

Written Tasks

 

 

NATIONAL UNIT CODE : CHCLEG003

NATIONAL UNIT NAME: Manage Legal and Ethical Compliance

RMIT CODE:

CHCLEG003

Co-delivery: Nil

Elements

Performance Criteria

Related Assessment Tasks

Assessment Method/

Types of Evidence  

1.       Research information required for legal compliance

1.1   Identify sources of information about compliance requirements

Creating own organisational policies & procedures/Case Studies

Assignment/project

1.2   Evaluate own area of work and determine scope of compliance requirements

Creating own organisational policies & procedures/Case Studies

Assignment/project

1.3   Access and interpret information relevant to area of work

Creating own organisational policies & procedures/Case Studies

Assignment/project

1.4   1dentify risks, penalties and consequences of non-compliance

Creating own organisational policies & procedures/Case Studies

Assignment/project

1.5   Assess and act on need for specialist legal advice 

Creating own organisational policies & procedures/Case Studies

Assignment/project

 

2.       Determine ethical responsibilities

2.1. Identify the ethical framework that applies to the work context

Class Charter &

Creating own organisational policies & procedures/Case Studies

Assignment/project

2.2. Incorporate scope of practice considerations as part of ethical practice

Creating own organisational policies & procedures/Case Studies

Assignment/project

2.3. Evaluate responsibilities to workers, clients and the broader community

Creating own organisational policies & procedures/Case Studies

Assignment/project

2.4. Model ethical behaviour in own work

Creating own organisational policies & procedures/Case Studies

Assignment/project

3.       Develop and communicate policies and procedures

3.1   Clearly articulate and document policies and procedures to support legal and ethical practice in readily accessible formats

Creating own organisational policies & procedures/Case Studies

Assignment/project

3.2   Integrate documentation and record keeping requirements into policies and procedures

Creating own organisational policies & procedures/Case Studies

Assignment/project

3.3   Ensure systems protect client information

Creating own organisational policies & procedures/Case Studies

Assignment/project

3.4   Nominate the roles and responsibilities of different people in meeting requirements where multiple people are involved

Creating own organisational policies & procedures/Case Studies

Assignment/project

3.5   Distribute policies, procedures and legal information to colleagues and peers in a timely fashion

Creating own organisational policies & procedures/Case Studies

Assignment/project

4.       Monitor compliance

4.1   Evaluate work practices for non-compliance on an ongoing basis, and implement modifications

Creating own organisational policies & procedures/Case Studies

Assignment/project

4.2   Maintain and update required accreditations or certifications

Creating own organisational policies & procedures/Case Studies

Assignment/project

4.3   Refer issues or breaches of ethical or legal practice to relevant people

Creating own organisational policies & procedures/Case Studies

Assignment/project

5. Maintain knowledge of compliance requirements

5.1 Identify and use opportunities to maintain knowledge of current and emerging legal requirements and ethical issues

Creating own organisational policies & procedures/Case Studies

Assignment/project

5.2 Share updated knowledge and information with peers and colleagues.

Creating own organisational policies & procedures/Case Studies

Assignment/project

5.3 Pro-actively engage in process of review and improvement

Creating own organisational policies & procedures/Case Studies

Assignment/project

Performance Evidence

There must be evidence that the candidate has: determined the scope of legal and ethical compliance requirements and responsibilities, and developed policies and procedures for at least 1 workplace or business & developed a strategic response to at least 3 different situations where legal or ethical requirements have been breached.

Creating own organisational policies & procedures/Case Studies

Assignment/project

Knowledge Evidence

legal responsibilities and liabilities of managers and others in different types of organisation

Creating own organisational policies & procedures/Case Studies

Assignment/project

legal and ethical frameworks (international, national state/territory, local), how these apply in the workplace, and the responsibilities of managers in the development and monitoring of policies and procedures, including those related to:

-      children in the workplace

-      codes of conduct

-      codes of practice

-      complaints management

-      continuing professional education

-      discrimination

-      dignity of risk

-      human rights: Universal declaration of human rights, relationship between human needs and human rights, frameworks, approaches and instruments used in the workplace

-      informed consent

-      mandatory reporting

-      practice standards

-      practitioner/client boundaries

-      privacy, confidentiality and disclosure

-      policy frameworks

-      records management

-      rights and responsibilities of workers, employers and clients

-      industrial relations legislation and requirements relevant to organisation

-      specific requirements in the area of work, including: key practices that are prohibited by law, auditing and inspection regimes, main consequences of non-compliance, need to apply for licences and associated mandatory training and certification requirements, statutory reporting requirements, business insurances required including public liability and workers compensation, accreditation requirements, requirements to develop and implement plans, policies, codes of conduct or incorporate certain workplace practices

-      work role boundaries

-      responsibilities and limitations of different people

-      work health and safety

-      sources of information and advice on compliance including: local, state/territory or commonwealth government departments or regulatory agencies, industry associations, plain English documentation that explains legislation

-      functions and operating procedures of regulatory authorities of particular relevance to the health and community service sectors

-      methods of receiving updated information on requirements

-      use of policies and procedures in managing compliance and ethical practice in both internal work practice and external service delivery

-      formats for policies and procedures and what they should include

-      techniques for monitoring compliance

Creating own organisational policies & procedures/Case Study/Case Studies

 

Assignment/project

Assessment Conditions

§  use of suitable facilities, equipment and resources, including: current legislation and regulations, workplace policies and procedures.

Creating own organisational policies & procedures/Case Studies

Assignment/project

modelling of industry operating conditions, including: use of real or simulated organisation for which the candidate develops policies and procedures, integration of problem solving activities

Creating own organisational policies & procedures/Case Studies

Assignment/project

Foundation Skills

 

 

Core Skills from the Australian Core Skills Framework (ACSF)

·         Reading

Creating own organisational policies & procedures/Case Studies

Assignment/project

·         Writing

Creating own organisational policies & procedures/Case Studies

Assignment/project

·         Oral Communication

Creating own organisational policies & procedures/Case Studies

Assignment/project

·         Numeracy

Creating own organisational policies & procedures/Case Studies

Assignment/project

·         Learning

Creating own organisational policies & procedures/Case Studies

Assignment/project

Employability Skills from the Core Skills for Work Framework (CFW)

 

 

1.    Navigate the world of work

1a. Manage career and work life

Creating own organisational policies & procedures/Case Studies

Assignment/project

1b. Work with roles, rights and protocols

Creating own organisational policies & procedures/Case Studies

Assignment/project

2.    Interact with others

2a. Communicate for work

Creating own organisational policies & procedures/Case Studies

Assignment/project

2b. Connect and work with  others

Creating own organisational policies & procedures/Case Studies

Assignment/project

2c. Recognise and utilize diverse perspectives

Creating own organisational policies & procedures/Case Studies

Assignment/project

3.    Get the work done

3a. Plan and organise

Creating own organisational policies & procedures/Case Studies

Assignment/project

3b. Make decisions

Creating own organisational policies & procedures/Case Studies

Assignment/project

3c. Identify and solve problems

Creating own organisational policies & procedures/Case Studies

Assignment/project

3d. Create and innovate

Creating own organisational policies & procedures/Case Studies

 

 

 

 

Assignment/project

 

 

 

 

3e. Work in a digital world

Creating own organisational policies & procedures/Case Studies

Assignment/project
         

 

Other Information

Following legal and ethical considerations (national and state/territory) and how these are applied in individual practice:

HLTMSG001/EMPL7096C Develop Massage Practice

  • children in the workplace
  • codes of conduct
  • continuing professional education
  • discrimination
  • dignity of risk
  • duty of care
  • human rights
  • informed consent
  • insurance requirements
  • mandatory reporting
  • practitioner/client boundaries
  • privacy, confidentiality and disclosure
  • records management
  • work health and safety
  • work role boundaries – responsibilities and limitations

HLTMSG002/NURS5361 Assess client massage needs

  • codes of conduct
  • duty of care
  • informed consent
  • mandatory reporting
  • practitioner/client boundaries
  • privacy, confidentiality and disclosure
  • records management
  • working role boundaries
  • working within scope of practice
  • work health and safety

CHCPRP003/EMPL7094C 

  • codes of practice
  • duty of care
  • rights and responsibilities of workers and employers
  • work role boundaries – responsibilities and limitation                                                                                                                                                          CHCCOM006/EMPL7093C
      • privacy, confidentiality and disclosure
      • human rights
      • work role boundaries including:
      • responsibilities and limitations
      • appropriate sexual, physical and emotional boundaries
      • use of enquiry only as appropriate and necessary
      • awareness of potential client transference
      • staying within area of expertise will be assessed in CHCLEG003   

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