Unit of competency Outline

Date retreived
23/07/2026 1:09 AM AWST

Whilst all efforts are made to provide accurate and timely information from the relevant source/documentation, please be aware that the information supplied may not be the most current version. The accuracy of the detail has not been confirmed by the Department and therefore should not be relied upon without first confirming the contents.

Work within a relevant legal and ethical framework

Work within a relevant legal and ethical framework

Unit of competency
National Code
CHCCS400C
State Code
WC843
TGA Status
Replaced
DTWD Status
Replaced
Current Release Number
1.00
Current Release Date
07/05/2012
State Implementation and Classification
Approved Date
12/08/2014
Field of Education
090513 - Counselling
Original Release Date
12/08/2014
Nominal Hours
50
Description
DescriptorThis unit describes the knowledge and skills required to work within a legal and ethical framework that supports duty of care requirements
Notes
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
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 but is not limited to:
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 residential disability 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 but is not limited to:
Work undertaken in:
client's own dwelling
independent living accommodation
residential aged care facilities
residential disability 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:
Aged care standards
Building standards
Care and education of young children
Child protection and guardianship legislation
Criminal acts
Disability standards
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
WHS


Report may be, and include:
Verbal:
telephone
face-to-face
Non-verbal (written):
progress reports
case notes
incident reports


Rights may include:
Access to services
Confidentiality
Dignity
Freedom of association
Informed choice
Privacy
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
Legislation


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
Colleagues
External agencies (complaints and advocacy services. professional registering authorities, child protection authorities)
Health professionals
Law enforcement officers
Legally appointed guardian
Member of senior management
EVIDENCE GUIDE

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
Questioning
Role play simulation
Replaces
State Code National Code Title Type
D8556 CHCCS400B Work within a relevant legal and ethical framework Unit of competency
Replaced By
State Code National Code Title Type
AVB82 CHCLEG001 Work legally and ethically Unit of competency
State Code National Code Title Type
J582 HLT40113 Certificate IV in Aboriginal and/or Torres Strait Islander Primary Health Care Qualification
J584 HLT50113 Diploma of Aboriginal and/or Torres Strait Islander Primary Health Care Qualification
J581 HLT30113 Certificate III in Aboriginal and/or Torres Strait Islander Primary Health Care Qualification
D083 HLT43907 Certificate IV in Aboriginal and/or Torres Strait Islander Primary Health Care (Practice) Qualification
J583 HLT40213 Certificate IV in Aboriginal and/or Torres Strait Islander Primary Health Care Practice Qualification
J585 HLT50213 Diploma of Aboriginal and/or Torres Strait Islander Primary Health Care Practice Qualification
J008 CHC30612 Certificate III in Active Volunteering Qualification
D278 CHC40108 Certificate IV in Aged Care Qualification
J005 CHC30212 Certificate III in Aged Care Qualification
J014 CHC40412 Certificate IV in Alcohol and Other Drugs Qualification
J076 HLT41112 Certificate IV in Ambulance Communications Qualification
J026 CHC42112 Certificate IV in Career Development Qualification
D332 CHC70308 Graduate Certificate In Career Development Practice Qualification
D303 CHC42608 Certificate IV in Celebrancy Qualification
J591 CHC40313 Certificate IV in Child, Youth and Family Intervention Qualification
J021 CHC41512 Certificate IV in Child, Youth and Family Intervention (Child Protection) Qualification
J022 CHC41612 Certificate IV in Child, Youth and Family Intervention (Family Support) Qualification
J020 CHC41412 Certificate IV in Child, Youth and Family Intervention (residential and out of home care) Qualification
D290 CHC41308 Certificate IV in Children's Contact Services Work Qualification
J009 CHC30712 Certificate III in Children's Services Qualification
D313 CHC50908 Diploma of Children's Services (Early childhood education and care) Qualification
D314 CHC51008 Diploma of Children's Services (Outside school hours care) Qualification
J019 CHC41212 Certificate IV in Children's Services (Outside school hours care) Qualification
D285 CHC40808 Certificate IV in Community Development Qualification
D311 CHC50708 Diploma of Community Development Qualification
D324 CHC52008 Diploma of Community Services (Case management) Qualification
J045 CHC52312 Diploma of Community Services (Development and or Humanitarian Assistance) Qualification
J030 CHC42512 Certificate IV in Community Services (Information, advice and referral) Qualification
J017 CHC41012 Certificate IV in Community Services Advocacy Qualification
D331 CHC70208 Graduate Certificate In Community Services Practice (Client assessment and case management) Qualification
D330 CHC70108 Graduate Certificate In Community Services Practice (Statutory child protection) Qualification
J037 CHC50612 Diploma of Community Services Work Qualification
D284 CHC40708 Certificate IV in Community Services Work Qualification
D271 CHC30408 Certificate III in Disability Qualification
D305 CHC50108 Diploma of Disability Qualification
J013 CHC40312 Certificate IV in Disability Qualification
J587 CHC30113 Certificate III in Early Childhood Education and Care Qualification
J594 CHC50113 Diploma of Early Childhood Education and Care Qualification
J051 HLT21112 Certificate II in Emergency Medical Service First Response Qualification
J025 CHC42012 Certificate IV in Employment Services Qualification
J011 CHC30912 Certificate III in Employment Services Qualification
J042 CHC51812 Diploma of Family Intake and Support Work Qualification
J075 HLT41012 Certificate IV in Health Care (Ambulance) Qualification
J006 CHC30312 Certificate III in Home and Community Care Qualification
J012 CHC40212 Certificate IV in Home and Community Care Qualification
D283 CHC40608 Certificate IV in Leisure and Health Qualification
J028 CHC42312 Certificate IV in Mediation Qualification
J015 CHC40512 Certificate IV in Mental Health Qualification
J054 HLT30212 Certificate III in Non-Emergency Client Transport Qualification
J101 HLT50412 Diploma of Paramedical Science (Ambulance) Qualification
J018 CHC41112 Certificate IV in Pastoral Care Qualification
J043 CHC51912 Diploma of Relationship Education Qualification
J589 CHC40113 Certificate IV in School Age Education and Care Qualification
J007 CHC30512 Certificate III in Social Housing Qualification
J016 CHC40912 Certificate IV in Social Housing Qualification
D277 CHC31008 Certificate III in Telephone Counselling Skills Qualification
J031 CHC42712 Certificate IV in Volunteer Program Coordination Qualification
J267 CHC41912 Certificate IV in Youth Justice Qualification
D318 CHC51408 Diploma of Youth Work Qualification
J592 CHC40413 Certificate IV in Youth Work Qualification
J024 CHC41812 Certificate IV in Youth Work Qualification