Early Childhood Education and Care - Draft 2 Validation

CHCECE055_Meet legal and ethical obligations in children's education and care Draft 2

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Unit application and prerequisites

UNIT CODE

CHCECE055

UNIT TITLE

Meet legal and ethical obligations in children’s education and care

APPLICATION

This unit describes the performance outcomes, skills and knowledge required to identify and meet legal and ethical obligations. It includes the ability to recognise potential and actual examples of non-compliance and contribute to the continuous improvement of practice.

 

This unit applies to all educators who work in children’s education and care services.

 

The skills in this unit must be applied in accordance with Commonwealth and State/Territory legislation, Australian/New Zealand standards and industry codes of practice.

PREREQUISTE UNIT

Nil

COMPETENCY FIELD

Early Childhood Education and Care

 

UNIT SECTOR

Children’s Education and Care

0 Comments

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Elements and performance criteria

ELEMENTS

PERFORMANCE CRITERIA

Elements describe the essential outcomes

Performance criteria describe the performance needed to demonstrate achievement of the element.

  1. Identify legal and ethical obligations.

 

    1. Identify and access authoritative sources of information.
    2. Correctly interpret sources of information about the legal requirements that apply to the contemporary work role.
    3. Identify the scope and nature of own rights and responsibilities in the job role.
  1. Meet legal and ethical obligations.

 

    1. Adhere to legal and ethical requirements in work practice according to service policies and procedures and scope of role.
    2. Identify potential ethical issues and dilemmas and discuss with an appropriate person.
    3. Identify potential or actual situations of non-compliance and report according to service procedures.
  1. Contribute to workplace improvements.

 

    1. Identify situations where work practices could be improved to meet legal and ethical responsibilities.
    2. Share feedback through constructive communication with colleagues and supervisors.
    3. Identify and take opportunities to contribute to the review and development of policies and protocols.

1 Comments

"There is no reference to the rights and responsibilities of the parent or child who uses the service. Eg a child has the right ... A parent/custodian has the rights and responsibilities .... Equally there are no references to mandatory reporting of a ‘reasonable suspicion’ of a child’s actual or suspected harm. If a general definition of Harm is something like 'may occur as a result of a single act or omission, or a number of acts, omissions or events including: physical abuse; psychological/emotional abuse; neglect; and sexual abuse or exploitation. Then the centre and the Educator (as well as centre policy / procedure) would at a minimum capture what resources or protocols are to be implemented if a child is perceived to face harm."

Nancy Pavlovic 04.03.2019 11.16AM

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Foundation skills

FOUNDATION SKILLS

Foundation skills essential to performance in this unit, but not explicit in the performance criteria are listed here, along with a brief context statement.

SKILLS

DESCRIPTION

Reading skills to:

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Writing skills to:

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Oral communication skills to:

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Numeracy skills to:

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Learning skills to:

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Problem-solving skills to:

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Initiative and enterprise skills to:

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Teamwork skills to:

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Planning and organising skills to:

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Self-management skills to:

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Technology skills to:

  • research information about legal and ethical obligations using digital media.

UNIT MAPPING INFORMATION

No equivalent unit.

 

LINKS

 

2 Comments

element 2, PC 2.3

"Requires Writing Skills To: complete reports document "

Nancy Pavlovic 04.03.2019 11.21AM

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Element 1

"Requires reading skills "

Nancy Pavlovic 04.03.2019 11.19AM

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Performance evidence

TITLE

Assessment Requirements for CHCECE055 Meet legal and ethical obligations in children’s education and care

PERFORMANCE EVIDENCE

Evidence of the ability to complete tasks outlined in elements and performance criteria of this unit in the context of the job role, and:

  • complete one work activity in each of the following areas of practice according to legal and ethical obligations:
    • health, safety and wellbeing
    • incidents, injury, trauma and illness
    • response to medical condition
    • emergency response
  • develop appropriate responses to at least three different legal or ethical issues or dilemmas relevant to the work role.

3 Comments

Narrow view of legal and ethical PE

"A student working within this context would not usually be able to contribute or be asked to contribute to the review and development of policies and protocols. This unit is largely knowledge based (appropriately) and the work role would not provide opportunity for the PE: Complete one work activity in each of the following areas of practice according to legal and ethical obligations which are similarly in CHCECE031 and have a lot of similarity individually health, safety and wellbeing incidents, injury, trauma and illness response to medical condition emergency response Further definition would be helpful with - develop appropriate responses to at least three different legal or ethical issues or dilemmas relevant to the work role. i.e. what is appropriate, how is this determined is it about child protection, confidentiality, privacy, legislation, IR, and others as stated in the knowledge criteria? "

steven schumann 14.03.2019 05.06PM

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1 Reply

"I can see your concerns maybe it should be specific and different from Cert III -from a management perspective i.e. A staff injury at work An serious incident at the service which involves a child and a staff member . response to a suspected notifiable disease or a diagnosed medical condition which requires urgent medical treatment. emergency response to bushfire, flood, intruder in context of local services "

Anne Parker 14.03.2019 07.17PM

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"Perhaps reword this 'complete one work activity in each of the following areas of practice according to legal and ethical obligations:' Compete 4 activities; one for each of the following:"

Nancy Pavlovic 05.03.2019 09.52AM

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Knowledge evidence

KNOWLEDGE EVIDENCE

Demonstrated knowledge required to complete the tasks outlined in elements and performance criteria of this unit:

  • the National Quality Framework and its key components
  • the role of state/territory regulatory authorities
  • educator duty of care responsibilities
  • key aspects of the regulatory environment for children’s education and care:
    • Education and Care Services National Laws and Regulations
    • interrelations between National Laws and Regulations and the National Quality Framework
    • navigating the regulatory documents
    • staffing arrangements:
      • minimum requirements for persons in charge
      • minimum numbers
      • educational qualifications
      • first aid qualifications
      • staff and educator records
    • information management:
      • record keeping and accessibility of information
      • privacy and confidentiality
      • data security protocols
      • legislated storage requirements
      • accessibility of information
  • United Nations Convention on the Rights of the Child:
    • its purpose
    • the articles relevant to children’s education and care
  • Early Childhood Australia (ECA) Code of Ethics:
    • definitions used
    • core principles
    • commitments to action
  • the similarities, differences and interrelationships between legal and ethical issues in the context of children’s education and care
  • potential legal and ethical issues and dilemmas that may arise and how to respond
  • conflict of interest
    • identifying real and perceived conflicts of interest
    • responding to conflicts of interest
  • ways to constructively contribute to workplace improvements.

3 Comments

"Duty of Care is not referenced yet is linked to QA1 Educational program and practice QA2 Children’s health and safety QA3 Physical environment QA4 Staffing arrangements"

Nancy Pavlovic 05.03.2019 09.57AM

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"Appears in CHCECE0052: legal and ethical considerations when dealing with families: child custody child protection confidentiality and privacy family and service rights and responsibilities but not in this unit. Would benefit from inclusion."

Nancy Pavlovic 04.03.2019 02.24PM

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Mandatory reporting

"Insufficient references to: National law A key requirement of the National Law is to ensure the safety, health and wellbeing of children attending education and care services (section 51). Every reasonable precaution must be taken to protect children being educated and cared for by the service from harm and from any hazard likely to cause injury (section 167). National regulations The approved provider of an education and care service must ensure that the nominated supervisors and staff members at the service who work with children are advised of: the existence and application of the current child protection law any obligations that they may have under that law (regulation 84). National Quality Standard Management, educators and staff are aware of their roles and responsibilities to identify and respond to every child at risk of abuse or neglect (element 2.2.3). At all times, reasonable precautions and adequate supervision ensure children are protected from harm and hazard (element 2.2.1)."

Nancy Pavlovic 04.03.2019 11.59AM

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Assessment conditions

ASSESSMENT CONDITIONS

Skills must be demonstrated in the workplace or in a simulated environment that reflects workplace conditions.

 

Assessment must ensure access to:

  • information technology for sourcing information
  • service standards, policies and procedures for all aspects of operation involving direct contact with children
  • Early Childhood Australia (ECA) Code of Ethics
  • United Nations Convention on the Rights of the Child
  • National Quality Framework for Early Childhood Education and Care
    • Education and Care Services National Regulations
    • National Quality Standard
    • the relevant approved national learning framework.

 

Assessors must satisfy the Standards for Registered Training Organisations requirements for assessors.

LINKS

 

4 Comments

"Add in assessment requirement to directly observe students in the workplace by an assessor attending the service in person."

Adam Green 20.08.2019 11.47AM

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Some criteria here can not be assessed on placement

"Element 2.2 and 2.3 (especially 2.3 where it states identify potential or actual situatios of non complaiance and report according to service procedures) - this cant be assessed on placement ... 1) If there isn't a situation of non compliance then the students cant be deemed competent - and to pass a studnt as there wasnt an example to be given would fail and ASQA audit. 2) Puts student at risk of really upsetting the service , of whom they are a guest 3) Puts the service under scunity of the student which is not what placement is about 4) Potentially damages the relationship with the training provider and service This part must be done through simulation - I am extremely concerned students wont be able to pass for the above reasons - and I feel its unethical to ask them to do so . "

Sue Wyatt 23.04.2019 04.04PM

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1 Reply

"It does say or simulated-you could ask some What ifs on placement visits and/or do a variety of simulations"

Anne Parker 29.04.2019 01.28PM

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"Please add: Access to - Duty of Care Policy & Procedure"

Nancy Pavlovic 05.03.2019 09.58AM

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