Highlights
1. Identify five types of common legal issues relevant to the workplace.
2. Give a brief overview of the Australian legal system.
3. What are the two types of laws? Give examples of each.
What are the key statutory and regulatory requirements relevant to your work role?
CASE STUDY
Myrna and Norm talked frankly about ageing and death long before either of them reached old age. They both agreed that they did not want to be kept alive artificially and that they would like to refuse treatment when they no longer had a good quality of life. When Norm entered residential aged care he specified his wish which was recorded on his file. His wife had a medical power of attorney for him so that she could make decisions about his treatment if he was not able.
After a period of time his health worsened. He no longer knew his wife and suffered pain and discomfort. He suffered many chest infections. After one particularly bad chest infection Myrna spoke to Norm’s doctor and said that she no longer wanted his chest infections to be treated with antibiotics. The doctor knew Norm’s wishes and agreed that this was what he would have wanted.
His next chest infection was his last. He died peacefully and with dignity. One of the personal care workers was heard to say in the staff room, ‘I can’t believe the doctor didn’t give Norm antibiotics. He would have been alive now if he had. That’s malpractice! His wife probably just wanted his money quicker.’
1. How has the personal care worker breached ethical requirements?
2. What would have been the ramifications if Norm had been given antibiotics against the instructions of his wife?
3. How did the personal care worker’s values differ from those of Myrna, Norm and the doctor?
Myrna is very sad after her husband’s death. She confides in you that she misses him terribly. She is glad that he is finally at peace but is also struggling with her decision to refuse treatment. She knows that is what Norm wanted but wishes he was still with her. She tells you that she can’t sleep at night and does not feel like eating at all. She thanks you for the care that you provided to Norm in his last weeks of life.
4. What would you say to comfort Myrna?
Myrna is so thankful to you for all the support you have given to Norm and
her that she presents you with Norm’s gold watch and says she wants you to
have it. It is old and looks very valuable.
5. Would it be a conflict of interest to accept this gift? Explain your answer.
6. What would you say to Myrna in regards to the gift she has offered?
Questions
1. What are the rights of the client? Explain briefly one of these rights.
2. What are values, attitudes and stereotypes?
3. How can you be culturally sensitive?
4. What are policies and procedures in regards to disclosure and confidentiality?
5. List the types of information that should be kept confidential and how can you maintain confidentiality?
CASE STUDY
You work in a disability centre looking after adults and children. One of your colleagues, who over the years, has also become a good friend of yours, recently shared that her husband walked out on her and her two young children. She has been left to cope alone and is really struggling financially as she is now the only wage earner and has to pay for childcare. As you are the person responsible for stock checks and ordering supplies such as nappies, baby wipes and formula, you notice that the rate at which these items are being used has increased, even though the number of children at the centre has not changed.
One day, you see your colleague in the stock cupboard. When she notices you, she becomes flustered and goes to leave. As she does, she drops her bag and items she has taken from the stock cupboard fall out. She breaks down into tears and says she has been taking a few items from stock when she is desperate as she cannot afford to buy the items and still pay rent, utilities and run her car.
The questions below relate to the case study above. Explain what is the ethical issue and dilemma?
Who you would speak to about it?
CASE STUDY
Martha is an Aboriginal lady from the Sydney region. She lives in a small, remote community but has recently entered an aged care facility as she is seriously ill with cancer. She is not expected to live more than a few months. The closest aged care facility that could take her was four hour’s drive from her home. The facility has only one male Aboriginal worker, Benny. The rest of the personal care workers are all female non-Aboriginal people. Most of the residents at the facility are not Aboriginal.
Martha does not settle well into the facility. She does not eat the food unless it has been brought to her from her family. She likes to chat with Bill and tells him that he is the only one who understands how she feels about being so far away from home. She will not let Benny assist her with tasks such as dressing and bathing, however, as he is male. She often refuses to shower.
Other residents have complained that Martha is rude and often ignores them, and never looks them in the face. They also say she is dirty and they do not want to associate with her.
1. What issues does Martha face regarding communication with staff?
2. What assistance can Benny give to other staff to assist them to communicate with Martha?
3. What issues does Martha face in communication with other residents?
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