Student Name Zahra Rashid Student Number Unit Code/s & Name/s CHCLEG001 Work legally and ethically
Student Name Zahra Rashid Student Number Unit Code/s & Name/s CHCLEG001 Work legally and ethically
Assessment Type Case Study Assignment Project Other (specify)
Assessment Name Problem Solving Legal and Ethical Dilemmas Assessment Task No. 1 of 2
Assessment Due Date 01/09/2023 Date Submitted
Assessor Name Mrs.Stacey McCosh
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904540-163380Student Signature Date 31 / 08 / 2023
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Instructions to Student General Instructions:
In a similar manner to what was provided within the learning resource, please respond to the following ethical dilemmas (you must provide response to all scenarios) by outlining:
The key ethical issues presented in the scenario;The legal considerations of the scenario and,
The most appropriate way to respond and manage the situation.
Range and Conditions of Assessment
As requested, please outline:
The key ethical issues presented in the scenario; (approximately 100-200 words)
The legal considerations of the scenario (approximately 100-200 words) and,
The most appropriate way to respond and manage the situation (approximately 200-300 words).
Ensure that your response is clear and outlines information pertaining to all three key areas listed above.
Number of Attempts:
You will receive up to two (2) attempts at this assessment task. Should your 1st attempt be unsatisfactory (U), your teacher will provide feedback and discuss the relevant sections / questions with you and will arrange a due date for the submission of your 2nd attempt. If your 2nd submission is unsatisfactory (U), or you fail to submit a 2nd attempt, you will receive an overall unsatisfactory result for this assessment task. Only one re-assessment attempt may be granted for each assessment task. For more information, refer to the Student Rules.
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Assessment 1
In a similar manner to what was provided within the learning resource, please respond to the following ethical dilemmas (you must provide response to all scenarios):
The key ethical issues presented in the scenario;The legal considerations of the scenario and,
The most appropriate way to respond and manage the situation.
Scenario 1
You are a beginning Counsellor working under supervision within a social housing framework. You frequently work alongside service users who are seeking more permanent accommodation due to issues pertaining to domestic and family violence, substance use or mental illness or a combination of all factors.
You have been working with a middle-aged man with a history of alleged child related violent sexual offences, mental illness, and substance use issues. He has been on a wait list for a substantial amount of time for housing and has finally been offered a property for rent. You have been requested to view the property with him and ensure that it meets his needs and that it would be an appropriate residence.
Upon looking at the address, you notice that a close friend of yours, with 4 small children (under 10 years of age) lives within a block of this house. You are immediately concerned for the wellbeing of your friends children, due to your knowledge of this mans previous court matters and currently proceeding allegations regarding child sex offenses. At this point, there are no Court Orders in place which prohibit or restrict where he lives and the allegations against him have not yet been heard by the court.
Please outline:
1.a)the key ethical issues presented in the scenario. (approximately 100-200 words)
It's difficult to strike a balance between client autonomy, safety concerns for a friend's children, and
keeping confidentiality. The responsibility of care to both the client and possible victims must be carefullymanaged while adhering to the ideals of fair treatment and impartiality. Seeking supervision and
guidance, remaining self-aware, and evaluating potential dangers are all critical tasks. Despite the lack
of court orders, legal and professional requirements to report possible child damage must be addressed.
To strike the correct balance while respecting ethical norms, careful decision-making and consideration of all parties concerned are required.
b)The legal considerations of the scenario.(approximately 100-200 words)
legal issues include protecting client confidentiality while being cognisant of potential reporting requirements if there is a reasonable belief of child damage. Balancing the client's right to housing with your friend's children's safety concerns is critical, and anti-discrimination regulations must be followed. Understanding local landlord-tenant legislation protects the tenant's rights. Community alerts regarding local sex offenders may be required depending on the jurisdiction. Seeking legal counsel, minimising conflicts of interest, and adhering to correct reporting processes are all required. Court procedures might have an influence on housing and legal duties. It is critical to follow privacy rules, duty of care requirements, and child protection regulations in order to navigate this difficult issue ethically.
c)The most appropriate way to respond and manage the situation. (approximately 200-300 words).
Consult your supervisor for help, keeping ethical and legal considerations in mind. Assess the client's possible risk to your friend's children while recognising his right to select the provided residence. If there is a significant risk, notify your buddy quietly without breaking client confidentiality. If there is a clear threat to minors, you must comply with your legal reporting requirements. Seek legal counsel to verify that your actions are lawful. Keep professional boundaries in place, prevent conflicts of interest, and document your judgements. If community notifications are necessary, work with the appropriate authorities. To guarantee a balanced and well-informed reaction, always evaluate the situation and adapt your strategy as needed. Maintain open contact with supervisors, coworkers, and legal experts.
Scenario 2
Mr George is a 58 year old man who is living with Parkinsons disease and degenerative vision and hearing loss. Mr George also has Downs Syndrome and has been living in a supported accommodation unit on Yergon Street, with 3 of his closest friends for 29 years. Mr George loves his service provider and enjoys his weekly bowling, mens craft activities and Saturday morning movies with his co-tenants.
You have been informed by the service provider that, due to Mr Georges degenerating health condition and increased support needs, he is being moved to a Residential Aged Care Facility where he will have better access to medically qualified staff who are able to respond to his declining health and increased need for support. The service has advised you that he may have difficulty accepting the news of this move. As a newly appointed graduate Counsellor, you have been given clear instructions that your role is to support the service by providing an unfailing conviction that this is the right thing for Mr George. The service has explained that they have already accepted another service user to move into the room that Mr George will be vacating, so the move is non-negotiable. Mr Georges daughter, Libby, is his decision-maker but she is rarely around and has only visited him twice in the last 2 years. Libby has provided consent for the accommodation and service provision change to occur, but hasnt consulted with Mr George at all.
Since finding out about the move and change, Mr George has not spoken and has lapsed into a morbid depression. He is constantly crying and wandering around his home yelling why you move me, why am I bad, what have I done wrong now? You have tried to explain the reasons for the move and the benefits he will notice as a result, but he is very upset and unable to be convinced that this is positive. He is begging you to contact his daughter and urge her to change her mind. He has asked you to tell her all the wonderful things he does on Yergon Street and to make her tell the service that they are not to move him. He keeps reminding you that if his daughter changes her mind, then they cannot force him to move as she is his decision-maker. You like Mr George a lot and you feel that this move will be detrimental to his well being and completely crush his spirit.
2.a)Please outline the key ethical issues presented in the scenario.(approximately 100-200 words)
Mr. George's choices are not taken into account in his transition to a Residential Aged Care Facility, which raises ethical concerns. The potential detrimental influence on his mental well-being calls into question the idea of beneficence. His close ties at the present facility highlight the need of respecting his identity and connections. Despite his daughter's acceptance, his lack of engagement and permission raises questions about communication and openness. Maintaining honesty contradicts the command to advocate entirely for the service provider's choice. This advocacy position puts professional boundaries at risk. Justice issues develop as a result of Mr George's restricted contact with his daughter, which affects the fair depiction of his desires. His unusual circumstances, which include Down Syndrome, necessitate cultural awareness. Navigating these ethical problems entails prioritising autonomy, including Mr. George in decision-making, and working together to find a solution that respects his rights and well-being.
b)the legal considerations of the scenario.(approximately 100-200 words)
Legal concerns include determining Mr George's decision-making ability, receiving informed permission from both him and his legal decision-maker (Libby), and conforming to legislation regulating residential aged care institutions. His human rights and disability legislation, as well as privacy and confidentiality regulations, must be respected. The service provider is responsible for ensuring his well-being during the transition. Residential tenancy rules may also apply, affecting his entitlement to terminate his tenancy. The role of Libby as his decision-maker must be consistent with guardianship rules. Healthcare legislation and any advance care instructions he may have should be considered. Collaboration with legal specialists is crucial throughout the process to guarantee compliance and preserve Mr George's rights.
c)the most appropriate way to respond and manage the situation.(approximately 200-300 words).
Responding to this issue requires a comprehensive and caring strategy. Begin by determining Mr. George's capacity to make decisions regarding his living arrangements, enlisting the assistance of legal specialists if necessary. Communicate with him in an open and empathic manner, outlining the reasons for the transfer while listening to his fears and feelings.
Understanding the legal framework around guardianship, disability rights, and elder care rules requires consultation with legal specialists. Engage Libby in the decision-making process, making sure she is aware of Mr George's emotional condition and preferences. Work together to develop a solution that is in his best interests.
Advocate for Mr. George's emotional well-being and preferences as a counsellor while keeping professional limits. Counselling can help him deal with his melancholy and anguish. Counselling can help him overcome his sadness and anxiety.
Collaboration among the service provider, Libby, legal experts, and advocacy services is paramount. Remain flexible in your approach, considering new information, Mr George's emotional state, and legal considerations.
Striking a balance between Mr George's well-being, autonomy, legal compliance, and the concerns of all parties involved is paramount. This approach ensures that his rights and wishes are respected while navigating the complexities of this situation.
Scenario 3
Jon is a Counsellor who works for a specialist agency supporting adult survivors of sexual abuse. Hisnew client, Angie (23 years old), discloses in her second session with Jon, that she was sexually abused by a family friend when she was eight years old.
Angie has discovered that the same family friend has just moved in with her Aunt who lives with an 11year old son. Angie has never disclosed her abuse to her family and does not wish to do so now. The agency policy is to provide total confidentiality to clients, apart from when legally required to breach confidentiality.
Angie does not seem to be aware of any risk when disclosing her story. Angie told Jon because she wanted to tell someone of her experience and because of her beliefs about counselling and confidentiality.
3a)Outline the key ethical issues presented in the scenario. (approximately 100-200 words)
The key ethical issues in this scenario are confidentiality, duty of care, informed consent, and legal obligations. The agency maintains total confidentiality for clients, but Angie's disclosure about her abusive family friend raises concerns for the 11-year-old boy living with her aunt. Jon must balance the need to protect the boy with respect for Angie's confidentiality, as breaching it could deter others from seeking help. Additionally, Jon has a duty to ensure the well-being of his clients. While Angie willingly shared her experience, it is important to assess her understanding of the potential risk to her cousin. Jon should provide her with information about the situation and obtain her informed consent regarding further actions. Legal obligations regarding reporting suspected child abuse or endangerment must also be considered. Jon must carefully navigate these ethical considerations in order to make a responsible and appropriate decision.
b) Outline the key legal issues presented in the scenario. (approximately 100-200 words)
Mandatory reporting, the obligation to safeguard, confidentiality rules and exceptions, and gaining informed consent for disclosure are the main legal concerns in this scenario. Due to the friend of the family moving in with Angie's aunt and the risk to her cousin, Jon may be required by law to disclose any suspicion of child abuse or endangerment. He must also take into account the rules of secrecy and the exceptions that permit disclosure in circumstances when harm is foreseen. Additionally, before sharing information with any parties, Jon must get Angie's informed authorisation. It is essential for Jon to comprehend and abide by the particular laws and rules in his jurisdiction in order to deal with these legal challenges in an effective manner.
c) Consult the Share and Care Policies and Procedures document (section 4.9) and the ACA Code of Ethics & Practice (section 4.7). In relation to this scenario, how do these two sections inform you of your legal obligations?
Policies and Procedures document (section 4.9) :
Based on the provided sections of the policy statement, the legal obligations in this scenario are as follows: Share & Care recognizes duty of care and, if there is a risk to Angie or others, confidentiality may need to be breached to ensure their safety. Legal obligations may also require confidentiality to be broken. While Share & Care generally requires informed consent before disclosing personal information, in situations where not informing a third party could put someone at risk or breach legal requirements, consent may not be necessary.
ACA Code of Ethics & Practice (section 4.7) :
According to 'Share and Care' agency policies, confidentiality is important but the safety and well-being of consumers take precedence. In this case, Jon should report his concerns about Angie's disclosure of her abuser living with her aunt and young cousin to his Program Manager. The agency will then take steps to ensure the safety of the child, such as making a referral to the appropriate agency. While maintaining confidentiality, the agency has a duty to protect those at risk.
d)If you were the Counsellor, how would you respond to this situation from an ethical and legal standpoint? (approximately 200-300 words)
In my opinion, as a counsellor in this situation, I should carefully manage the ethical and legal implications . I would, ethically, support Angie's autonomy and decision to disclose the abuse to her family. However, responsibility of care extends to potential victims, thus I would be required to assess the risk to the 11-year-old boy residing with her aunt.
I will acquaint myself with the reporting requirements for suspected child abuse or endangerment in my jurisdiction. I would have to violate confidentiality and report the material to the proper authorities if the circumstances met the requirements for mandatory reporting.
Then, I would talk openly with Angie and lay out the legal requirements and moral ramifications so she could make an educated decision. I would ask for her informed consent, making sure she is aware of the potential consequences of retaining secrecy in this specific circumstance. Together, we would explore alternatives and possibilities to strike a balance between her wishes and the duty to protect the 11-year-old boy.
Most importantly, I would inform Angie about the threat the family friend poses to her cousin if she is still oblivious of the potential risk. In addition, I will emphasise the significance of ensuring others' safety and go through the possible actions that we might takUltimately, my response would aim to prioritize the safety of potential victims while respecting Angie's autonomy and maintaining trust in the counseling relationship. By involving Angie in the decision-making process and providing her with necessary information, I would strive to find the most ethical and legal course of action.
Scenario 4
Suzanne has worked in a primary care counselling agency for four years and has become good friends with a colleague there, Michelle. Michelle is a highly respected and liked member of the counselling team. Suzanne discovered recently that Michelle has started drinking heavily, and for some time. While she appears to be sober at work, Suzanne is fearful for Michelles clients and her capacity to work professionally. Michelle specialises in the area of risk assessment and manages many high needs clients
Michelle became distressed when Suzanne expressed her concerns to her, and begged Suzanne not to say anything to the service manager she fears she would lose her job and become unemployable.
4.a)What are the key ethical issues that Suzanne is facing in this scenario? (approximately 100-200 words)
Suzanne's revelation of her co-worker Michelle's extensive drinking raises ethical concerns in the scenario. These issues include potential harm to client welfare due to Michelle's impaired professional competence, dual relationships between colleagues and friends, the duty to report concerns for client well-being, Michelle's professional responsibility, potential harm to clients, autonomy and informed consent, the tension between personal well-being and professional responsibilities, and the need for supervision and support. To make a responsible and ethical decision in this difficult scenario, it is critical to balance these concerns within the context of ethical principles and legal issues.
b)Consult the ACA Code of Ethics and Practice. How does section 4.2 (d) relate to Michelles responsibilities in the workplace? (approximately 200-300 words).
The ACA Code of Ethics Section 4.2(d) addresses professional boundaries and preventing conflicts of interest that might jeopardise client well-being. In Michelle's instance, this portion is directly related to her employment obligations as a result of her heavy drinking. Her alcoholism creates a possible conflict of interest between her own troubles and her obligation to give good counselling.
Michelle's job includes risk assessment and managing high-needs customers, both of which need a high degree of ability and attention. Her excessive drinking, on the other hand, may jeopardise her capacity to provide objective and competent counselling. This circumstance adheres to the notion of setting limits and avoiding positions that may jeopardise client welfare.
Michelle's personal relationship with Suzanne complicates matters even further. Section 4.2(d) emphasises the necessity of keeping personal ties apart from professional roles, especially while counselling. Her friendship with Suzanne has the potential to blur these borders and interfere with objective decision-making.
Michelle should prioritise client welfare by addressing her own difficulties, in line with clause 4.2(d). Seeking professional assistance, such as counselling or supervision, is critical to ensuring that her personal well-being does not jeopardise her clients' care. If her capacity to give effective counselling is jeopardised, she may need to disclose her condition to proper channels within the organisation in order to fulfil ethical duties and ensure client safety, as is emphasised in the ACA Code of Ethics.
c)Consult the Share & Care' workplace policy and procedures document section 5.5. Identifythree points that are relevant to Michelles situation.
Three points from the Code of Conduct that are highly relevant to Michelle's situation are as follows:
Zero Tolerance of Alcohol and Drugs: The Code clearly states that there will be no tolerance for the use of alcohol or other drugs while performing work-related duties or while on company property, including all cars, workspaces, and even consumers' homes. Michelle's frequent drinking raises questions about her adherence to this policy since it raises the possibility that her capacity to maintain a zero alcohol reading at all times could be compromised, which could have an impact on her professional behaviour and judgement.
Duty of Care and Welfare: The Code emphasizes the responsibility of staff and volunteers to ensure their own health, safety, and welfare, as well as that of colleagues and consumers. Given Michelle's ongoing heavy drinking, there is a potential for her to jeopardize her own well-being and possibly compromise the safety and welfare of her clients. This is especially concerning considering Michelle's specialization in risk assessment and her management of high-needs clients.
Conflicts of Interest and Improper Use of Position: The Code underlines the requirement to disclose any conflicts between personal and professional responsibilities. Conflicts resulting from Michelle's alcohol-related issues may affect her professional efficiency and judgment. The Code forbids improper use of power or acquired knowledge for one's own gain or at the expense of Share & Care or its clients. Suzanne must determine whether Michelle's drinking would affect her capacity to carry out her responsibilities honestly, uphold confidentiality, and act in the clients' best interests.
d)As a Counsellor at the agency what are your legal and ethical responsibilities in regard to this situation and what steps would you take to resolve the problem?
In the role of a counselor at the agency, I hold a dual responsibility of abiding by legal and ethical standards. Legally, I might be mandated to report situations where a colleague's actions jeopardize clients' well-being, depending on the jurisdiction. If my colleague Michelle's heavy drinking presents a potential risk to clients, I must consider these legal reporting obligations. Ethically, my foremost duty is to ensure the safety and welfare of the clients. If there's reason to believe that Michelle's behavior could compromise client care, it's imperative to take appropriate action.
In order to address this issue, I should initially seek guidance from a supervisor or ethics committee to ensure my course of action aligns with professional norms. Simultaneously, providing support to Michelle is essential. Encouraging her to seek help for her drinking problem and facilitating access to relevant resources demonstrates a compassionate approach. If concerns persist about Michelle's ability to provide competent counseling due to her drinking, it would be prudent to discuss these concerns with a supervisor while maintaining detailed records.
Scenario 5
Paul is a 15 year old male, referred by his parents to Jan, a general Counsellor at the Green Hills Community Centre. Paul has been missing school and recently found himself in trouble with the Police on for attempted car theft. Paul is worried about going to counselling. To help Paul adjust, Jan tells him that everything is confidential and that under no circumstances will she share any details of his problems, with anyone outside the sessionIn the first session Paul discloses that he has started smoking cannabis with a few mates stating the weed helps me forget all the crap in my life. He said he had secretly taken his parents car out for a spin a few times when they were asleep, even though he is too young to have a license. Paul asks Jan not to tell his parents because they are mad enough at me already.
Jan is not an Alcohol and Drug Counsellor but she agrees to work with Paul and not tell his parents, provided he agrees to stop using cannabis and does not take the car anymore.
Two weeks later Paul is involved in a car accident, resulting in serious facial injuries. It is later disclosed that Paul was driving a stolen car and had cannabis in his system. The Counsellors case notes were subpoenaed to court, which is when Pauls parents became aware that he had told the Counsellor he was using cannabis.
Pauls parents are now considering legal action against the counselling agency.
5.a)What are the ethical and legal problems in regard to Jans approach to helping Paul?(approximately 200-300 words).
Ethical Concerns:
There are serious ethical questions raised by Jan's method of helping Paul. Although maintaining anonymity is essential in counselling, Jan's unconditional promise to Paul of total confidentiality disregards any potential harm resulting from his conduct. Furthermore, her willingness to address Paul's cannabis use, despite lacking expertise, challenges ethical principles of professional competence and boundaries.
Legal Issues:
From a legal standpoint, Jan's assurance of secrecy conflicts with the "duty to warn or protect" obligation in certain jurisdictions, particularly when minors are involved in criminal conduct. Opting not to report Paul's risky behaviors to his parents or relevant authorities may be interpreted as a breach of legal obligations. This scenario underscores the intricate balance between sustaining client trust, upholding confidentiality, and fulfilling legal responsibilities within the counseling domain.
b)Consult the Share &Care workplace policy and procedures document Policy 4.7. What does this information state that is relevant to both Pauls disclosures to the Counsellor, and his parents?
The policy statement holds relevance to both Paul's disclosures to the counselor and his parents. It highlights the company's dedication to protecting the safety and rights of customers, especially children like Paul, against abuse, neglect, and exploitation. Regarding Paul's cannabis use and driving-related activities, the counsellor is required by the policy's duty of care principle to put his safety ahead of confidentiality. Additionally, Paul's disclosures are significant because the policy emphasises reporting issues, even if they involve confidential information.. In the context of potential legal action by Paul's parents against the counseling agency, the policy's duty of care and consumer safety provisions might be pertinent. Overall, the policy sets the foundation for ethical and legal considerations surrounding Paul's situation, delineating the organization's commitment to consumer protection and the paramountcy of their well-being.
c)In regard to work practices at Green Hills Community Centre, what would you suggest in order to make sure this kind of problem did not happen again? Please provide at least two valid ideas, strategies or suggestions and describe how you would communicate your ideas in a professional manner, to management of the service. (approximately 200-300 words).
Strategy 1: Comprehensive Informed Consent Process
I suggest improving Green Hills Community Centre's informed consent procedure to avoid future issues. This involves giving clients and their guardians detailed explanations of confidentiality boundaries, especially in the case of children like Paul. To promote understanding and reduce uncertainty, comprehensive disclosure of circumstances that may call for breaching confidentiality for safety reasons should be documented and consent acquired.
Strategy 2: Specialized Referral System:
To address the cases beyond general counselor expertise, I suggest establishing a specialized referral system. This method would recognise situations like Paul's, calling for specialised solutions like drug misuse or criminal activity. The centre ensures that these clients receive specialised care in line with their particular needs by referring them to skilled specialists like Alcohol and Drug Counsellors or trained juvenile counsellors. This strategy restricts overstepping counsellor competency while upholding moral and efficient counselling techniques.
When communicating these ideas to management, I would draft a proposal that acknowledges the organization's dedication to quality counseling services. I would present each strategy concisely, detailing their advantages and reasons for implementation. For the informed consent process, I'd emphasize transparency and legal protection. Regarding the specialized referral system, I'd highlight alignment with industry norms and successful instances elsewhere. Concluding, I'd express readiness to work with management to ensure effective execution, underscoring the center's commitment to ethical and proficient counseling practices.
End of Assessment
