CLIPS Word Template

CHCCS400A: Work within a relevant legal and ethical framework

Follow identified policies and practicesContents

Perform work within identified policies, protocols and procedures3

What are policies and protocols?3

Contribute to the review and development of policies and protocols as appropriate4

When to review or develop policies4

Your contribution4

Work within position specifications and role responsibilities7

How to use your job description7

Seek clarification when unsure of scope of practice as defined by position description or specific work role requirements9

Clarifying scope or practice in position description9

Seek clarification of unclear instructions11

Perform work within identified policies, protocols and proceduresWhat are policies and protocols? Policies?

Policies may include a statement of the services philosophy, or basic beliefs, as well as step-by-step procedures that relate to how things should be done in practice. They are often developed by staff and management together. Policies often shape the direction of the service.

Service policies are an important source of information about your legal and ethical obligations, and should support your decisions concerning duty of care issues.

Protocols?

Where policies are unwritten there are usually standard practices for dealing with certain situations. Legally such unwritten standard practices and protocols are still considered to be policies and can be taken into account when a breach of duty of care is considered. For example, if the service doesnt have a policy on staffing numbers, this is still assumed knowledge as it is in the Regulations, so the obligation to follow the regulated ratios still holds. This is true with most other directions, simplified in policies and procedures, but originally held in Acts, Regulations or other legal documents. If a policy contradicts an Act or Regulation, then you need to follow the law.

Contribute to the review and development of policies and protocols as appropriateWhen to review or develop policies

Policies and protocols are regularly reviewed in order to ensure they reflect current good practice and legal requirements. Policies should be reviewed:

when there is a change within the legal requirements (eg new Act or Regulation)

regularly as part of your services annual review and planning time

for accreditation purposes

as new information on good practice emerges

when you notice that a policy or protocol contradicts the law or ethical guideline.

Your contribution

Your responsibilities as a childcare worker in relation to the development of policies and protocols are outlined within the Australian Early Childhood Association (AECA) Code of Ethics. Your responsibilities are to:

Update and improve your expertise and practice in the early childhood field continually through formal and informal professional development.

Engage in critical self-reflection and seek input from colleagues.

Communicate with and consider the views of your colleagues in the early childhood profession and other professions.

Support research to strengthen and expand the knowledge base of early childhood, and, where possible, initiate, contribute to and facilitate such research.

Work within the limits of your professional role and avoid misrepresentation of your professional competence and qualifications.

Work to complement and support the child rearing function of the family.

Be an advocate for young children, early childhood services, and your profession.

Recognise the particular importance of formal qualifications in early childhood studies, along with personal characteristics and experience, for those who work in the early childhood profession.

Act in the community in ways that enhance the standing of the profession.

While not all these points direct you in ways to contribute, many do. If you update and improve your expertise (number one) you are gaining new knowledge on good practice based on current research in child care. This may lead you to make suggestions to your team or coordinator/supervisor around new or modified policies so that the service is up-to-date with current issues.

For example, you may be reading about the effects of gender bias on boys in child care, resulting in part from the low numbers of male carers, and female bias in choosing activities. You may wish to address this with other staff, perhaps by proposing that an approach which addresses boys activities as well as girls be accepted as a core point in the services philosophy. This is a starting point that would give you a basis for further discussion and information-sharing within the team.

How to contribute

If you have a suggestion about a changed or new policy idea, you should:

discuss it with your supervisor

ask if it could be discussed at a team meeting to see if others hold similar views or have further knowledge on the topic

make sure there is a who and a when next to it, if the new information is seen as important to act on. That means someone is responsible for following it through and developing the policy or protocol, and that there is some time when they need to report back on it.

How to make a contribution or suggestion

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You can contribute by:

identifying new knowledge

being familiar with current policies and protocols

being willing to make suggestions and contribute to discussions

volunteering to follow things up if others are unable to.

Activity 1

Activity 2

Work within position specifications and role responsibilities

All workers in childrens services have job descriptions. These outline your role and responsibilities within the workplace. Your role and responsibilities will vary according to the position you are working in, your level of training and the type of service you work in.

For example, if you were employed as an out of school care hours worker you may have a different role in supervising childrens travel to and from the service than a childcare worker in a service for under 6 year olds. Supervisors have more responsibilities than untrained assistants, and owners or management committee members have a different set of responsibilities again.

How to use your job description

It is important that workers have a copy of their job description that can guide them in determining their role and level of responsibility and assist them in making decisions and taking actions on a day-to-day basis. Sometimes you may be unsure as to what your responsibilities are, when you should seek direction and when you should show initiative and not seek outside direction.

It is therefore important to be familiar with your job description and to ask earlier rather than later if you are not sure about a point in it. If you are unsure about what a point means, it is important to check with your supervisor as to who usually does the task or what the point covers. It is better to check than to unknowingly act outside your area of responsibility.

Remember, a job description will help you determine your level of responsibility in relation to duty of care. If you act outside the guidelines set down by your job description and this leads to an injury to a child, colleague, parent or visitor, then you may be considered negligent.

Some parts of the job description eg additional duties as requested may not be immediately clear. The duties should not include anything that contradicts your legal or ethical responsibilities to the children or others. When in doubt, maintain the best interests of the children ie their safety and well-being, as a guide on how to respond.

Job description

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

It is important to understand your role and associated responsibilities, and to act within them. Acting outside your job description can lead to uncomfortable consequences for you and for the adults and children you work with.

Think of job descriptions as part of a larger set of supports which include international conventions such as the Convention of the Rights of the Child 1989 as well as State/Territory Child Care Acts and Regulations. Your Code of Ethics is also included here, as well as service accreditation procedures. Your job description allows you to see which parts of each piece of legislation is your responsibility, and supports groups of childcare workers to work together effectively as a team.

Where Regulations are not applicable, either due to the type of service or the particular situation, then a general principle of what is reasonable applies. This means that childcare workers need to consider other standards when determining what reasonable and careful behaviours arestandards such as the Convention on the Rights of the Child, the AECAs Code of Ethics and centre policies and procedures.

Clarifying scope or practice in position description

In a childcare centre, you may come across situations where youd need to clarify the practices and the scope of responsibility within your position description.

Clarification may be necessary in these situations:

staff changes occur

staff conflict arises

working conditions change

regulations change

staff qualifications change.

It is also really important that you recognise your own limitations and seek assistance when you are having trouble fulfilling your obligations and work role.

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