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Difference between legal and ethical frameworks

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  1. Why is the Australian Privacy Principle 11.1 important in the children’s services industry? The Australian Privacy Principle 11.1 is vital in the children service industry because it protects the children’s and their family’s personal information.

 

  1. Why has the National Quality Framework been developed? The National Quality Framework was developed to assist early childhood education and care services utilize a consolidated system of working towards safe, consistent and high-quality practice within Australia.

 

  1. Describe what mandatory reporting is? Mandatory reporting is the judicial obligation of some professionals to disclose any suspected physical, sexual, emotional child abuse and neglect to the relevant government authorities with sufficient evidence.

 

  1. What is the purpose of discrimination legislation and how is it applied within the children’s services sector? Discrimination legislation aims at allowing every individual to participate equally in the public life despite, insignificant personal attributes. It is applied in the children’s service sector through the Disability Discrimination Act of ‘92 which protects the children, their relatives, friends against direct or indirect discrimination based on disability. It is also applied by children services by making their programs available to all despite race, culture, attitudes or religion.

 

  1. Describe what is meant by ‘dignity of risk’ and how this is applied within the children’s services sector? Dignity of risk is allowing individuals to make their own informed choices despite their capabilities and disabilities which should be safe. When educators allow the children to engage in new activities for instance during play time a child wants to climb a tree by themselves though under close supervision.

 

  1. What is the ‘duty of care’ and how does it impact on individual workers? Duty of care is the legal obligation of any person conducting or undertaking a business to maintain a safe and healthy environment. This influences the worker to be diligent in their work so as to protect the individuals they are offering service to.
  2. Describe how the UN Convention on the Rights of the Child applies to the children’s services industry? The UN Convention on the Rights of the Child is applied in the children’s service industry through the service’s standards and policies on the rights of a child to thrive to the fullest, to survival, to participate fully in cultural, family and social life, to be protected form any form of abuse or exploitation as human beings and failure to uphold this may result to grave penalty.

 

  1. Explain the relationship between human needs and human rights? Human needs and human right correlates given that both apply to human beings although, they differ in level of urgency. Human needs are things people cannot live without they need them for basic human survival therefore, they are basic needs such as food, water, air among others whereas, human rights are aspects based on values like fairness, dignity, equality and are established and safeguarded by law.

 

  1. List at least two human rights policies, frameworks or approaches used in the workplace in the children’s services industry? Early Years Learning Framework

UN Convention on the Rights of the Child

 

  1. What are two benefits of being familiar with a worker’s legal rights and responsibilities?

When one is familiar with a worker’s rights and responsibilities, they are less likely to breech any of them hence, reducing causes of incidents.

Being familiar with a worker’s rights and responsibilities, will enable you to respect and uphold them thus, building a strong relationship between you and them.

 

  1. List two specific types of legal issues that may be encountered as part of your work in children’s services? Keeping an African family and their child from enrolling into the school

Operating the education center knowing it is not licensed by the state or territory licensing board.

 

  1. Explain how to respond to a legal issue encountered when working in children’s services

Once you discover breaching of a legislation within your service either by you, your co-worker or the supervisor it is your responsibility to report to the appropriate persons. If you are the one who has breached the law report to your supervisor as soon as possible with the attempt to resolve the issue. If you are placed in a situation which leads to you breaching the law it is your responsibility to report to your regulatory authority immediately. If you commit the breach because of expectations others have on you speak to your supervisor of your concerns. If a co-worker or your supervisor’s action causes a breach you need to report the matter to the supervisor or manager respectively. If this is impossible you are permitted to report the matter formally to your regulatory authority.

 

  1. Provide an example and explain how a practitioner and client boundary may be breeched

A Muslim family wants to enroll their child to your education center and they inform you of the importance of the child wearing a hijab always as per their religion. You deny them a spot in your center claiming you want every child to be equal in their dressing.

Daisy, a single mother has a son, Nate who is a student in your center and she confides in you about Nate’s inquisitive nature lately about his private parts that are different from Nia his classmate. She asks if you can assist her in explaining to Nate why boys are different from girls physically since, she does not know how to go about it and you tell her that if Nate had a father around, he would be the perfect person to explain this to him.

 

  1. Provide an example of an ethical issue that may be encountered while working in children’s services? One of your colleagues steals some of the children’s lunch and eats it, this is ethically wrong because as an educator or an employee of an education and care center it is your ethical responsibility to ensure the children are in a safe and healthy environment which you are denying them by stealing their lunches and eating it. The action leads to children staying hungry thus altering with their nutritional needs and making them feel unsafe with their personal belongings been at risk of theft.

 

 

  1. Explain how codes of conduct are applied within children’s services and how these impacts on individual educators? Codes of conducts are applied in children’s services through the service’s protocols, policies and standards by outlining the expected behavior from staff members, children, parents/guardians, other organizations and members of the community. They influence educators to create a child-safe surrounding for the children and their family.

 

  1. Describe how codes of practice are applied within children’s services and how they can impact on individual educators? Codes of conducts are applied in children’s services through the service’s protocols, policies and procedures by outlining the expected behavior from staff members, children, parents/guardians, other organizations and members of the community. They influence educators to create a child-safe surrounding for the children and their family.

 

  1. List the similarities and differences between the legal and ethical frameworks

 

Similarities between legal and ethical frameworks

Both are rulings that people of the same association are familiar with.

Both provide guidance to specific practices and actions that should be executed.

Both focus on the right and wrong so as to avoid conscionable events from happening.

Both work towards establishing a moral boundary for all people.

 

Difference between legal and ethical frameworks

 

Legal frameworks are developed by the government whereas, ethical frameworks are based on human values and principles of right and wrong.

Legal frameworks are legally binding thus breaching is punishable by law while, Ethical frameworks are morally binding therefore, breaching leads to compromise of one’s wellbeing and happiness.

 

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