By the end of this chapter, the learner should be able to:

Carry out work that is in accordance with their job role and personal responsibilities
Uphold their duty of care requirements, including anticipating hazards and taking reasonable care to maintain the client’s safety and wellbeing
Act in compliance with organisation policies and procedures, and with duty of care legislation.

Following policy and procedures

A key element of working within policies, protocols and procedures is to only perform duties that fall within your job role – you should never attempt to carry out or provide professional advice on something that you are not qualified to. You should also know what to do when you are unsure of your job role and work instructions.

Knowing your job role and responsibilities

In order to ensure that you know you specific job role and responsibilities, you can practice the following:

Seek regular support and supervision from your supervisor and team leader, using structured sessions
Seek advice from colleagues during staff meetings and through consultation
Check professional guidelines when you are unsure
Clarify your position description clarified and/or have it refer to professional standards/legislation
Perform a competency assessment
Document all major work activities
Consult with unions and professional bodies regarding your job role and appropriate responsibilities.

Duty of care

Duty of care is written legally into the Workplace Health and Safety Act 1995 – it is a moral duty to anticipate possible hazards and causes of injury and do everything reasonably practicable to prevent/remove/minimise these causes.
This means that duty of care cannot be delegated – all adults in the workplace are responsible for health and safety.

Courts will determine breaches of duty of care based on the following criteria:

What is typically expected of another person in the same situation
The person's roles and responsibilities within their organisation
The experience/level of training for the individual
The practicalities of the situation
What is deemed acceptable practice within the community
Generally acceptable standards in the situation
Relevant laws e.g. the Workplace Health and Safety Act 1995.

Legislation

There is a variety of legislation to consider when facilitating the empowerment of older people. Some of the legislation in place is outlined below, but you may need to do additional research to gain more understanding

Aged Care Act 1997

The purpose of this legislation is to make sure that everyone has access to aged care if they require it, regardless of their race, gender, culture, language, geographic location or economic situation. It promotes the protection of health and well-being through high quality care and services – these should be flexible, responsive and diverse in their nature. It also protects the consumer, legal, personal and civil rights. It covers residential, home and flexible care – the providers will receive funding according to the quality of service they supply and it also holds them accountable for any care they provide. It also includes stipulations that aged care must be made affordable, setting out fee payment rules and charging those who can afford to contribute to their services.

Aged Care (Bond Security) Act 2006

This guarantees a financial refund if your aged care provider goes bankrupt or ceases to trade. If your provider can't pay back your bond, the Commonwealth will then refund this money to you (including interest). The only deductions will be retention amounts that apply and other agreed fees.
Then, on your behalf, the Commonwealth will chase and recover the money from the initial provider. It also covers entry contributions paid by people entering care before October 1997.

Age Discrimination Act 2004

This ensures that everyone is treated equally, regardless of their age. Older people are often discriminated against because of their age, so the Act makes it illegal to do so in areas such as employment, accommodation, information requests and goods and services provision.

The Residential Care Manual

The purpose of it is to help care providers comply with their responsibilities as per the Aged Care Act 1997, as well as helping staff understand rules and regulations. However, it only applies government-subsidised residential aged care.