Follow policies and procedures week 5

FOLLOW POLICIES, PROCEDURES AND

PROGRAMS OF THE

ORGANISATION

Week 4 8/8/2013

What are policies, procedures and programs?

Why do we have policies, procedures and programs?

This week – Week 5 15/8/2013

Duty of care

LEGAL REQUIREMENTS - DUTY OF CARE PRINCIPLE

People who work with vulnerable people, particularly children, youths and adults within community service organisations, have a primary responsibility to support and protect them

We have particular legal and ethical responsibilities to safeguard vulnerable people’s rights and interest and in particular to children and young people.

There is also a very important legal obligation that you have as a person who works in community service organisations and this is called “duty of care”

LEGAL REQUIREMENTS - DUTY OF CARE PRINCIPLE

Activity 1Write down a situation where a duty of care situation would apply, using the following listings as a guide -* Parent/playgroup* Child arriving at daycare* Parent picking up a child after closing hours* Child with a temperature....

Duty of Care is a requirement that a person act toward others and the public with the watchfulness, attention and caution that a reasonable person in the circumstances would use

If a person’s actions do not meet this standard of care, then acts are considered negligent, and any damages resulting may be claimed in a lawsuit for negligence.

LEGAL REQUIREMENTS - DUTY OF CARE PRINCIPLE

An example would be when you are driving passengers in your car. You need to make sure that you are driving safely and following road rules

This duty of care principle also operates at your school or TAFE environment

LEGAL REQUIREMENTS - DUTY OF CARE PRINCIPLE

Reasonable care

This suggests that the law does not expect perfect care. The standard of care expected of you is the standard that a reasonable person with the same experience and training would provide.

LEGAL REQUIREMENTS - DUTY OF CARE PRINCIPLE

What is reasonable care? A reasonable worker or organisation does

things according to: Relevant policies and regulations Reasonable and lawful instructions Their skills, training, duties and job description Commonsense

You should be getting a basic understanding of why your legal and ethical obligations are so important.

LEGAL REQUIREMENTS - DUTY OF CARE PRINCIPLE

Fulfilling your duty of care means thinking ahead

You need to consider what your legal obligations and professional or ethical responsibilities suggest you do in any particular situation.

This is where your practices must include -

working ethically and abiding by the code of conduct within your job role.

LEGAL REQUIREMENTS - DUTY OF CARE PRINCIPLE

So, you need to:

Always consult with another worker or your supervisor about the particular situation if you are not sure of what to do. Even if you are confident, it is a good idea to check with your supervisor and confirm your plan of action.

LEGAL REQUIREMENTS - DUTY OF CARE PRINCIPLE

Plan what you want and hope it will occur

Prepare according to this plan

Predict what may go wrong or differently to the plan

Prepare for these possibilities (within reason)

LEGAL REQUIREMENTS - DUTY OF CARE PRINCIPLE

In any situation ask yourself;

What do I think are reasonable steps to take?

What do my co-workers and management feel is reasonable?

What does the law/regulations say I should do?

What are my organisation’s guidelines?

LEGAL REQUIREMENTS - DUTY OF CARE PRINCIPLE

Activity 3When you wrote down a situation where duty of care situation would apply (activity 1) – now, look up theGuide to the Education and Care Services National Law and the Education and Care Services National Regulations on your iPads to find the relevant sectionDiscuss.

Activity 4 Role play scenarios – students to split into 3 groups

1) A mother comes to pick up her child. You can smell alcohol on her breath and she appears to be unable to walk properly. Her speech is slurred. It is the end of the day and there is one other worker with you.

2) A child has a high fever and the parent has been rung. However, it is now an hour later and the parent has not yet arrived to pick up the child.

3) A member of staff has arrived at work very upset. You ask her whether she wants to go home but she is adamant that she is alright. What do you do?

Ask yourselves the follow questions when completing this activity.

What do I think are reasonable steps to take? What do my co-workers and management feel is reasonable? What does the law say I should do? What are my organisation’s guidelines?

LEGAL REQUIREMENTS - DUTY OF CARE PRINCIPLE