law & ethics final exam revision notes

8/13/2019 Law & Ethics Final EXAM Revision Notes

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Law and Ethics Revision Notes

1. Introduction to Law.

- Law is about = rules, rights and duties

- Law attempts to = regulate, stabilise, create certainty, protect- Law & morality = 2 different issues & are not necessarily connected- Law is subjective = Australias legal system provides for an ADVERSARIAL trial = 1

winner/1 looser

Law attempts to IDENTIFY the wrong doing PROVIDING A SYSTEM for finding out if alleged acttook place & if there were any MITIGATING CIRCUMSTANCES & then toPUNISH/COMPENSATE

Laws of evidence = Identify rules about the questions that can be asked, how to obtain theinformation & whether or not I can force someone to give evidence

Mitigating circumstances = allows people to explain their behaviour i.e. self defence

Punish or compensate = Criminal law punish, Civil law compensate

2. Structure of the Legal System - Classification of the law:

PUBLIC (Individuals & the State) PRIVATE (Individuals betweenthemselves)

AdministrativeConstitutionalCriminalIndustrial

ContractTort

PUBLIC LAW PRIVATE LAW

Dom est ic In ternat ional Dom est ic In ternat ional

Constitutional AdministrativeTaxationLocal Gov.Human rightsCriminal

Admin of justiceCustomsConsumer protection

Arms cont.ExtraditionPiracyHuman rightsWar crimesSovereignty

FishingTrade Air NavigationShipping

ContractsTortsProbatePropertyFamilyCorporate

IndustrialCommercialTrusts

CitizenshipResidencyForeign marriageForeign adoptionForeign divorce


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CRIMINAL LAW CIVIL LAW

Federal criminal justice system

State criminal justicesystem

ContractsTorts

PropertyWills

Family law

PUNISHMENT COMPENSATION

The Commonwealth Constitution set up 3 things:

Federal Parliament - 2 houses & Gov. General

Division of powers =- Exclusive powers Federal parliament only i.e. Family law, taxation- Concurrent powers both Federal/State i.e. Consumer law, criminal law- State parliaments i.e. Environmental, traffic laws

High Court of Australia highest court in Australia

COURTS/CASES

2 types of cases heard by courts

1. 1 st instance hears case for the 1 st time2. Appeal 1 st case has been heard but unhappy with result they may ask another court to

review decision

Australian courts divided into:

- Federal Courts High Court, Federal Court & Family Court- NSW Courts Supreme Court, District Court & Local Court

Australian courts are based on Hierarchy:

- allows for specialisation with different courts- Allows courts to hear 1 st instance & appeal cases in different courts

COURT SYSTEM IN New South WalesFULL HIGH COURT

HIGH COURTFULL FAMILY COURT FULL FEDERAL COURT

COURT OF APPEAL/FULL SUPREME COURTFAMILY COURT FEDERAL COURT

SUPREME COURT

DISTRIC COURTLOCAL COURTCRIMINAL LAW CIVIL LAW


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3. How laws are made

Federal Parliament made up of 3 parts, based on Westminster System- House of Representatives- The Senate- Gov. General (represents the Queen)

Making an Act of Parliament = A Bill Act

1. House of Representatives idea the Bill Bill sent to Cabinet (Min responsi ble), 1 st reading Introduced), 2 nd reading (debated) COMMITTEE STAGE (discussion clause byclause) 3 rd reading (final debate) VOTE (majority wins)

2. Senate 1st reading 2 nd reading 3 rd reading VOTE Result 1, Bill passed (sent toGov. General), Result 2, Bill passed with changes (sent back to HR for debate/vote onchanges if passed Result1 Rejected Result 3), Result 3, Bill rejected sent back to HR resubmit or discard = double dissolution

3. Gov. General Bill becomes an Act Assent Act number allocated Start on assent oron proclamation to commence later as notified Act is now law

Function of court interpret how law is made by parliament applies to individuals Australia common law system = Judges make laws when deciding on cases

Doctrine of precedent where a superior court has applied a particular precedent of law then acourt of a lower level in same jurisdiction is bound to apply that same principle in simular casebefore it

Civil Law

- compensation- Balance of probabilities- Plaintiff person complaining has to prove there case

Cr imina l Law

- Punishment- Onus of proof beyond a reasonable doubt- Police charge you & crown prosecutes you- Proof beyond a reasonable doubt- Innocent until proven guilty

Common Law judges can make the law but are bound by precedent


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Business Law

Business Structure

SOLE TRADER

- Controls & manages the business - Income treated as their personal income for taxation - Tax losses offset against other income - Use own tax file number - Responsible for won superannuation contributions

Disadvantages

- Liable for all debts- Non business assets exposed - Legally responsible for all aspects

PARTNERSHIP

Three elements need to be proven

1. Business being carried on2. Business carried out by people in common3. View to making a profit

Partnership Deed a written agreement - obligations, benefits of each partner & share of the profit& loss

- Jointly & separately liable for all debts- Greater access to finances- Non business assets exposed- Responsible for all debts of the partnership- Responsible for own superannuation contributions

COMPANY

- Registered under the Australian Securities & investment commission (ASIC)- Defined as entity created with a view to making a profit- Must apply for CAN- Legal entity in own right & spate from the people in it- Non business assets protected- A company is capable of suing & being sued in its own right- Must be a registers office o[en to public each business day- Company directors obligations i.e. pla ce companys interests above their own, act

honestly etc..- More regulatory & reporting requirements


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Tax Law Tax f i le num ber = unique to you

Incom e tax = imposed at Federal level income tax on personal income is prog ress ive

Tax re turn = 1 st July 30 th June

Tax is paid on all assessable income i.e. salaries, wages, cenrterlink payments, investments

Paymen t sum mery = income tax withheld from wages throughout the year

Proven by receip t = work related expenses

Fines & penalties payable for not completing your tax return honestly

Medicare Levy= 1.5% funds the Medicare scheme

Capital Gains Tax personal income tax system applies to all capital gains made on disposal ofassetsFr inge B enef i ts Tax = Employer gives you a car you pay tax on these benefits

Company Tax = tax on profits flat rate of 30%

Pay Roll Tax = 5.4% paid on wages by employers above the threshold $750,000

GST = Broad based tax of 10% on most goods & services- Need an ABN- Quote number on all transactions- Business must register for GST if turnover higher than $75,000- GST resisted customers need a tax invoice to claim GST credits on purchase- If no ABN been quoted on invoice 46.5% of that invoice is withheld - less than $75

passed onto Government

DEPRECIATION devaluing an asset over a period of time i.e. machinery, cars, computers etc.

SUPERANNUATION money made available to them during retirement

- Minimum provisions are compulsory superannua t ion guaran tee - Employer required to pay proportion of an employees salary into a super fund

Superannuation Levy 9.25%- Employers required to pay this money into fund at least every 3 months

- Employees have right to choose the fund- SUPER LEVY - $500 payment to low income earners ($37,000 p/y) Anyone still working over age of 70 also entitled to super guarantee

Are you an Employer for superannuation guarantee purposes?

- If you employ a person under an employment contact on a full time , part time or casualbasis

Are they employees for superannuation guarantee purposes

- 18 y, you pay them $450 or more, before tax, in wages per month- Under 18y, they work at least 30 hrs. per week

You may have to pay levy for contractors if their contract is mostly for their labour you pay themhrs. Worked.


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Sole t raders /Par tners in a par tnersh ip = dont have to make super contributions

NOT :- Dont pay the levy if employee earns $450 p/m or is under 18y working less than 30hrs.

per week- Earn above super contribution base & some foreign executives whop hold certain visas- Employees who pay to do work of a private or domestic nature for no more than 30hrs. per

week

What you need to do :

- Set up eligible workers 9.25% of their ordinary time earnings are paid into fund of theirchoice


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Employment Law Industrial Relations Branches of law that cover this area - Both Common Law & Acts of Parliament & Contract law

- Legal basis for employment relationships is a CONTRACT - Traditionally based on master/servant relationship

Fair Work Act, 2009- Corporation being the determining factor

Con t rac t o f Employ men t = personal & apply only to the individual worker

- An employee has a con tact o f serv ice - An Independent con tractor has a con t r ac t fo r se rv ice

Criter ia for determinin g wh ich category a person fa l ls in to ;

- Control- Intention of the parties- Basis of payment- Ability to work for others- Provision of tools of trade- Commercial risks

Many massage therapist are employed as independent contractors rather than employees(vicarious Liability)

VICARIOUSE LIAB ILITY

- COMMON Law doctrine & canno t be over r idden by an employment contract - States that an employ er is v icar iously l iab le for the tor ts o f an emp loyee even if they

have no personal blame. - An employer will never be vicariously liable for the torts of an independen t con t r ac to r

Major benefit of being an employee boss cannot sue you to recover the $ either.

Fair Work Act 2009 = 1 st January 2010

10 national employment standards- Max weekly hrs.- Request for flexible working arrangements- Parental leave & related entitlements- Annual leave- Personal/carers leave, compassionate leave- Community service leave- Long service leave

- Public holidays- Notice of termination/redundancy leave- Fair work information statement


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Terminat ion of Contracts ;

- Performance- Agreement- Frustration no fault of wither party i.e. factory burnt down- Death- Liquidation bankruptcy or out of business- Resignat ion employee wants to end employment relationship, they must advise their

employer and give them Notice

Dismissal; where employer advises employee that they wish them to leave = 2 types

Summary Dismissal

- On the spot Without notice repudiatory breach of contract- Gross misconduct- Gross negligence- Theft fraud- Intoxication- Behaviour causing imminent or serious risk to health & safety of others or reputation of the

business

Dismissal with Notice

- Employer asks employee to leave, but no serious underlying reason - Must show it was no t ha r sh , un fa i r o r un ju s t - Ensure employee has been to ld that their per form ance is no t acceptab le & that they

been given the oppo r tun i ty to impro ve

Small businesses - The Small Business Fair Dismissal Code- Less than 15 employees


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Employment Law Discrimination,Workers Compensation

Discrimination can be

- Direct - involves a specific act that is illegal- Indirect involves doing something that indirectly treats people differently

Legislation in this area does 2 things;- Makes any discrimination that has occurred unlawful & provides compensation/penalties- Provides education & information on awareness of discrimination practices- Is a b ind ing dec is ion - Discrimination is a non-legal term t akes i t s mean ing f rom the con tex t in which it is used

& objective of the legislation in question

- Discrimination means to d i s t ingu ish un favourab ly to set apart, isolate, treat differently

Context based = gender, age, race- To win a discrimination case need to prove you have been distinguished unfavourably on

the basis of age, race, gender etc.

Compla in t based = person being discriminated against must make a com0palint or ask someoneto do so on their behalf. Complaint must have some basis & not be frivolous or vexatious, trivial orspiteful

- Gender equally qualified for the job- Should earn the same pay- Have equal opportunity to be hired

Marital s ta tus should not be asked in interviews or made a requirementRace should not be taken into accountRelig ion must not be victimised or ridiculedA g e age is no longer a requirementPhysical o r m ental incapaci ty unless it impacts on their ability to perform the required tasksPoli t ical /Union involv ement Politics should be kept out of the work place, Union membership isoptional

SEXUAL HARASSEMT

Sex Discrimination Act 1984

Occurs when someone is demoted, fired, refused a promotion, denied benefits or refused to behired because he/she denies sexual favours to another employee.

- Covers all conduct of a sexual nature in the workplace which a personable person wouldregard as offensive or indecent- Requests for sex/sexual activities, comments inappropriate touching, body contact,

downloading or viewing pornography etc.


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Workers Compensation - Workers compensation relates to injuries obtained in the workplace- Covered by Common Law & Legislation- State based only applies to NSW

At Common Law an employer owed an employee a duty of care

Work Heal th and Safety Act 2011

- Employees not only have a Common Law Duty they also have a Legislative Duty (OHS)- A statutory scheme to awarded injured employees- A no fault scheme (dont need to prove fault) - Compensated for your inability to work

Legislation covering this area is

- The Workplace Injury Management & Workers Compensation Act 1988 & the WorkersCompensation Act 1987

- Payments come out of workers compensation insurance (compulsory)

ELEMENTS OF W ORKERS COMPENSATION

To be eligible for workers comp, employee must prove

1. They are a worker as defined in the WIMWCA contract of service (independent

contractors not covered)2. Suffered an injury/disease as defined by the WCA (main contributing factor not just acontributing factor)

3. Injury or disease was arsing out of or in the course of employment (connection to work link to their workplace)

Employees still have to exercise care & skill at work. Compensation not payable if

- If injury to worker is solely attributable to the serious & wilful misconduct of worker- Intentional self-inflicted injury

Jou rney Cla ims to & from work A personal injury received by a worker on any journey injuryarising out of or in the course of employment

- Does no t app ly if personal injury i s a t tr ibu ted to the se r ious & wi l fu l miscon duc t o f theworker i.e. under the influence of alcohol or other drug

- Does not apply if injury was received dur ing o r a f ter any in te r rup t ion o f o r dev ia tionf rom any such jou rney

App l ies to- Daily/ other periodic journeys, workers place of abode & place of employment- Educational institution


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Torts: Negligence Common Law Tort Law comes under Civil Law = aim of which is compensation = Damages

Under Civil Law plaintiff (person complaining) must prove defendant (person alleged to have donesomething wrong) is guilty on Balance of Probabi l i t ies (one version more probable than theother)

Civil Liability Act expanded to cover negligence by taking the Common Law & including it in the Act.

PROVING NEGLIGENCE

- The party complained of (defendant) should owe the party complaining (plaintiff) a Duty ofCare & that the party complaining should be able to prove that he/she has suffereddamages as a consequence of that breech

To prove negligence;

(a) Owed a duty of care Neighbou r P r inc ip le ; proximity of relationship i.e. massage therapistmassaging client, Foreseeability of actions; fail to exercise care & may cause a problem

(b) Defendant in breach of duty of care - failure to meet mandatory standards Reason able ManTest (prove fault); Would reasonable man with the same knowledge and skills & training ofdefendant have acted in same way , stepping outside scope of practise

(c) Suffered injury or a loss as a result of conduct But For Test ; but for defendants negligencethe plaintiff would have suffered no injury

(d) Injury suffered is not too remote in the law Foreseeability Test , was injury the kind that wasreasonably foreseeable consequence of defendants conduct

COMPENSATION

- Special Damages for losses that can be precisely proven or calculated i.e. medical

expenses, lost earnings - General Damages those that cannot be calculated precisely i.e. losses in the future, pain

& suffering

SCREENING CLIENTS

- Screening of clients allows practitioner to identify problems with client such as injuries orconditions, medications etc. that may be contraindicated when performing a massage.

- Establishes pattern of behaviour - may be used to prove that you did when client is arguingyou did not when or if proving fault.

- E.g. failure to warn of risks, negligent treatment, misdiagnosis, working outside scope ofpractise


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Torts: Negligence Civil Liability Act 2002 Divis ion 2 - Duty of Care

General principles

- A person is not negligent in failing to take precautions against a risk of harm- The risk was foreseeable- The risk was not significant- A reasonable person in the persons position would have taken those precautions

Divis ion 3 Causat ion

General principles

- That the negligence was a necessary condition of the occurrence of the harm (factualcausation)

- That it is appropriate for the scope of the negligent persons liability to extend to the harm socaused (scope of liability)

Divis ion 4 Assum pt ion o f Risk

General Principles

- Obvious to a reasonable person in the position of that person- Obvious risks include risks that are patent or a matter of common knowledge - In determining liability for negligence a person who suffers harm is presumed to have been

aware of the risk of harm if it was an obvious risk, unless person proves on balance ofprobabilities that they were not aware of the type of risk

No proactive duty to warn of obvious risk

- A person (defendant) does not owe a duty of care to another (plaintiff) to warn of anobvious risk

Does not apply if:

- Plaintiff has requested advise/information about risk from defendant - Defendant is required by written law to warn plaintiff of the risk - Defendant is a professional & risk is risk of death/personal injury to plaintiff from the

provision of a professional service by the defendant - Inh erent Risk (No liability) a risk of something occurring that cannot be avoided by the

exercise of reasonable care & skill

Divis ion 6 Profess ional Negligence

Standard of care for professionals

A person practising a profession does not incur liability in negligence arising from a professionalservice if its established the professional acted in manner that (at time service was provided) waswidely accepted in Australia by peer professional opinion as competent professional practise.


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Torts: Assault, Battery & OccupiersLiability

ASSAULT

Occurs when 1 person creates in another an apprehension of imminent harmful or offensivecontact - There is no physical contact in assault in civil law.

In order to prove assault plaintiff must show 2 things:

1. A reasonable person would have felt apprehension at the actions of the defendant2. Must have been a reasonable means of carrying out the threat

BATTERY

Battery is the voluntary application of direct force to another person without their consent i.e.touching someone without their consent

In order to prove battery 3 elements must be shown:

1. There is an intentional act2. There was actual touching3. There was no consent

The tort of battery unlike negligence does not require an injury of the plaintiff

1. Intentional act = touching was intentional2. Physical contact between the plaintiff & defendant3. Consent = before medical/therapeutic treatment can be given to an adult of sound mind

valid consent must be obtained A person has the tight to accept or refuse treatment, excepting medical emergency

INFORMED CONSENT

Doctrine of informed consent:

- Patient must be informed of the risks & complications- Advised of the ratio of risks & benefits involved in a procedure, as compared to alternative

procedures or of no treatment at all.

OCCUPIERS LIA BILITY

Where a person is i njured by something dangerous on private land the person responsible isthe occupier ; the occupier is the person who has the lawful possession of the property.

If property is leased then tenant becomes the occupier & are responsible for injuries on leasedproperties, even if landlord is responsible for the maintenance

Rules that apply are those of determining whether negligence can be proven


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Consumer Law The legal basis for consumer law is a contract

Consumer law is an area of concurrent law i.e. Federal & State laws in the same area

- Federal level Competition & Consumer Act 2010- NSW Fair Trading Act

A con t r ac t is a deal which both parties intend to be legally binding or which they would havemeant to be so, had they stopped to consider it.

To prove a contract exists there are 3 elements needed

(1) Agreement , a def in i te offer & un con dit ion al acceptance of the offer.

There are rules relating to agreements.

(a) Capaci ty ; in that the person must be an adult and of sound mind;(b ) Id en ti f iab le p ar ties i.e. one makes the offer and the other accepts and(c) Terms these are promises made by the agreement that must be adequately assuredfor the agreement to be formed

(2) Consideration i.e. po in ts to the ob l iga t ions under taken by the o ther pa r ty , there mustbe an exchange .

- Each party should be able to identify what they need to do in order to fulfil the terms of theagreement

- Also covers Barter agreements but does not cover gifts or free items as there has beenno exchange.

(3) Intention to enter legal relations ; this third element is not so much stated as implied,formed inferred from circumstances surrounding the agreement

- In writing and or a signature are ways that can prove a contract exists.

THE 5 IMPLIED TERMS FOUND IN EVERY CONSUMER CONTRA CT?

The five implied terms in every consumer contract are:

(1) Promise by seller that buyer will become the owner

(2) Promise by seller that if buyer buys goods on strength of description given those goods bythe seller, that they will conform

(3) Promise by the seller where he/she is made aware of the purpose for which the goodsrequired that goods supplied will be reasonably fit for that purpose

(4) Promise by the seller that the goods are of merchantable quality

(5) That where the goods are purchased on strength of a sample that they will conform to thesample .


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Criminal Law Criminal law covers any law declar ing that cer tain con duc t is an offence & that gives apenal ty

Main aim of Criminal Law is punishment Crown prosecutes the person accused

Felony = used for crimes such as murderMisdemeanour = crimes punishable by imprisonment or finesInd ic tab le = tried before a judge & juryS u m m a r y = tried before a judge alone

4 Bas ic p r inc ip les tha t underp in Cr imina l Law

1. Innocent until proven guilty presumption in favour of bail2. Proof beyond a reasonable doubt3. Right to remain silent4. Double jeopardy

For any criminal trial there needs to be a:

1. Breach of criminal law an ac t ion w h ich i s p roh ib i ted by the law & at same t ime have agu i l ty mind which is par t o f the offence (both elements need to be proven)

- Guilty mind element can be intention desire to ach ieve an outcom e , Recklessness foresees the poss ib i l i ty of consequences but goes ahead & does i t anyw ay , Criminalnegligence so n eg l igen t it crosses over & becomes c r imina l

2. Person who is alleged to have broken the law Con temporaneous = Present at the sametime

3. Series of procedures Causat ion = prove that the accuseds gu i l ty ac t is what caused thev ic t ims lo ss there must be a l ink with the offense & the ou tcome

Offences

Sexual assau l t

- Must be sex involved - 2 components 1. The guilty act - without consent - 2. Guilty mind knowing that person did not consent

Indecent assau l t

- Any person who assaults a person & at time of or immediately before/after the assault

commits an act of indecency - There is no sexu al in tercou rse i.e. touching someone in a sexual way, or acting with asexual overtone


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A therapist should always:

- Get informed consent before massaging- Check client is still comfortable with what you are doing- Never flirt with client or make comments on their body


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Insurance Law Insurance is a way of protecting peoples interests in themselves, others & propertyPublic liability insurance is compulsory for all massage therapists.

Insured = youInsurer = Insurance companyPolicy = contract between you that sets out all the terms you have agreed toPremium = annual renewal paymentBroad fo rm po l icy = what you are covered for & lists those that are excluded from being coveredDefined Events Pol icy = lists the specific things that are coveredSchedu le = your specific information is included, amount of indemnity (amount the insurancecompany will pay up to should you need to make a claim)Subroga t ion = insurer stands in the shoes of the insured

Examples:- Home owners- Home contents- Motor vehicle- Personal accident ( massage therapist should consider offers protection when you cant

work & allows you to continue paying bills tax deductable)- Travel- Life- Public liability two aspects (1) coverage where a person has suffered personal

injury/property damage as a result of a persons negligence (2) coverage for occupier forinjuries sustained on their premises (if sued for negligence, compulsory for all massagetherapist)

- Workers compensation

DUTIES OWED

- Duty of utmost good faith = owed to each other- Duty of disclosure = on you

An Insurance policy is a contract binding

- Explains how much & when it expires- What you are covered for


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Ethics = Patients Rights & PractitionersDuties

Ethics is the study of what should be done & is the guiding principle behind what makesbehaviours acceptable

5 Basic principles

1. Autonomy - right to self determination2. Beneficence doing good3. Non-maleficence actively do no harm4. Justice fairness, equality & integrity5. Valuing life value life & accept death

Right to refuse t reatmen t = Patient has a right to accept or refuse treatment given, valid only ifthe person is competent to give it

Sanct i ty of l i fe = Morally prohibited from killing a person intentionally or intentionally letting aperson die, the common interpretation allows exceptions, where it may be permiss ib le to s topprevent ing death in conditions which are treatable but outcome excessively burdensome

Quali ty of l i fe = Treatment that does n o t im p r o v e or maintain the patients quality of life need no tbe a t tempted

Ordinary & extraord inary measures = A person can cho ose to re ject ex traord inary measures if condition worsens excessive treatment will not be given

Futi l i ty = Treatment that is futile need not be attempted

RIGHT TO CONFI DENTIAL I TY

Health care professionals owe a du ty to keep in fo rmat ion d i sc lo sed in the course of treatment sconf ident ia l

Duty of confidentiality is no t abso lu te as there are times when a person cans be asked to break it.These are called au tho r i sed d i sc lo su res ;

- Consent of the patient patient can consent to information being disclosed- Patients benefit information disclosed to other health care practitioners i.e.2 nd opinion- Required by the law by the court to give evidence about a client- Public interest - Information can be disclosed when in the public interest- Serious criminal activity


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Righ t to A ccess Med ica l Reco rds

- Remains the property of the therapist- Requirement of the Privacy Act 1988 cover all complementary medicine practitioners- Collect only information necessary for your functions/activities- Include what the client says, your opinions, letters, tests etc.- If a client asks to see their medical records, a health care practitioner must do so- A client can look through their records- Obtain a copy or take notes- Listen or watch audio/video recordings of their sessions- Obtain a printout of information stored in electrical form- Do not show a clients records to anyone else, even a clients partner unless they have

given you permission to do so- Where a client challenges the opinion , evaluation or diagnosis of the practitioner, the

client can ask the therapist to change it. - however as the record is therapist property & must stay intact for legal reasons , a therapist

should never change their record where a client asks them to make a note at the backof the file outlining what client disagrees with

- Make sure all records are up to date & complete

Stor ing Medical Records

- Therapist must take reasonable steps to protect all the health information held bythem from misuse, loss & unauthorised access

- Therapist must take reasonable steps to destroy or permanently de-identify health

information that is no longer needed


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Ethics & the Massage Therapist - Part 1 Public Health Regulation 2012 (NSW) = Schedule 3 = Code of Conduct for Unregistered HealthPractitioners

Respon sib i l i t ies of Heal th Pract i tioner

- must provide health services in a safe & ethical manner - must maintain necessary competence in his/her field of practise- must not provide health care outside his /her experience or training- must not provide services not qualified to provide- must not use his/her possession of particular qualifications to mislead or deceive clients as

to competence in field of practise or ability to provide treatment - must prescribe only treatments or appliances that serve the needs of the client

Recogn is ing L imi t s

- must recognise the limitations of the treatment & refer clients to other competent healthpractitioners in appropriate circumstances

- must recommend to his/her clients that additional opinions & services be sought whereappropriate

- practitioner must assist his/her clients to finds other appropriate health care professionals ifrequired

- must encourage his/her clients to inform their treating medical practitioner of treatmentsbeing received

- must have a sound understanding of any adverse interactions between therapies &treatments he/she provides or prescribe & any other medications or treatments

Lim its to Pract ice

- must ensure that appropriate first aid is available - must obtain appropriate emergency assistance- a health practitioner who has been diagnosed with a medical condition that can be passed

on to clients must ensure to practice in a manner that does not put client at risk

- if have been diagnosed with a condition that can be passed onto clients should take &follow advice from appropriate medical practitioner on the steps to be taken to modifyhis/her practise

Infect ion Contro l

- must not hold himself/herself out as qualified, able or willing to cure cancer or other terminalillnesses

- may make a claim as to his/her ability or willingness to treat or alleviate the symptoms ofthose illnesses if that claim can be substantiated

- must adopt standard precautions for the control of infections in his/her practise


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Treatment Ad vice

- must not attempt to dissuade clients from seeking/continuing with treatment by a registeredpractitioner

- must accept the right of his/her clients to make informed choices in relation to health care - should communicate & co-operate with colleagues in best interest of the client

- If you have serious concerns about treatment provided by any of his/her clients by anotherpractitioner must refer the matter to the health care complaints commissions

Impairment

- Must not practice under the influence of alcohol or drugs - If taking prescribed medication must obtain advice from prescribing health practitioner on

the impact of medication & refrain from treating clients in circumstances where ability maybe impaired

- Mustnot practise

while suffering from physical/mental impairment thatdetrimentally affects

his/her ability to practise or places clients at risk to harm

Explo i ta t ion

- Must not accept financial inducements /gifts for referring clients - Must not offer financial inducements/gifts in return for client referrals - Must not provide services/treatments to clients unless designed to maintain or improve the

client health & wellbeing

Misrepresentat ion

- Must not diagnose or treat an illness without adequate clinical basis - Must not engage in any form of misinformation/misrepresentation in relation to product or

service he/she provides or as to qualifications, training, professional affiliations - Must provide truthful information as to qualifications, training, professional affiliations - Must not make claims directly/indirectly about efficacy of treatment/services provided if

cannot be substantiated

Insurance

- Must not engage in sexual/other close personal relationship with a client - Before engaging in a sexual/personal relationship with a former client, must ensure a

suitable period of time has elapsed - Must comply with relevant legislation od state relating to clients personal information - Maintain accurate, legible, contemporaneous clinical records - Insure that appropriate indemnity insurance arrangements are in place

Disp lay

- Must display a copy of code of conduct , document that gives information about how clientscan make a complaint complaints commission & be easily visible

law & ethics final exam revision notes

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