FREE CLA Duty of Care Questions and Answers

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As a worker, you have a legal responsibility to keep your customers and clients safe from harm whilst they are using your service and this responsibility is known as duty of care.

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Explanation:
Duty of care refers to the legal obligation of workers to ensure the safety and well-being of their clients or customers while they are using the services provided. It encompasses actions taken to prevent harm and maintain a safe environment during service delivery.

Duty of care may be breached if:

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Explanation:
Duty of care may be breached if any of the following occur:
- The bilingual worker and customer or client engage in sidebar conversations, which can lead to misunderstandings or incomplete information being conveyed.
- The customer or client attempts to use the bilingual worker as their advocate, potentially leading to conflicts of interest or misunderstanding of roles.
- The bilingual worker does not share the entire conversation, which could result in crucial information being omitted or misunderstood.
- The bilingual worker uses a language for which they have not been assessed as competent, risking miscommunication and potential harm to the client or customer.

These actions can compromise the quality of communication and the ability to provide effective language assistance, thus breaching the duty of care to ensure clear and accurate communication with individuals who have limited proficiency in the local language.

When language assistance exceeds a bilingual worker’s capability and assessed level of language competence, they should continue to assist the customer or client to the best of their ability.

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Explanation:
When language assistance exceeds a bilingual worker's capability and assessed level of language competence, they should not continue to assist the customer or client. It is important for the bilingual worker to recognize their limitations and refer the client or customer to a qualified interpreter or language service provider who can provide accurate and effective communication support. This ensures that the information conveyed is understood correctly and prevents potential misunderstandings or risks associated with inadequate language assistance.

Organisations and bilingual workers can fulfill their duty of care by taking reasonable steps to:

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Explanation:
Organisations and bilingual workers fulfill their duty of care by:
- Identifying whether language assistance is required and at what level is necessary to ensure effective communication.
- Ensuring that members of the public understand the information being provided to them.
- Engaging a NAATI certified interpreter when communication exceeds a bilingual worker's capability or assessed level of language competence.

These steps are essential in providing adequate language assistance and ensuring that individuals with limited proficiency in the local language can access and understand services effectively.

Being able to speak the client’s/customer’s language is only one of many factors influencing the relationship between the bilingual worker and the client/customer.

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Explanation:
While speaking the client's or customer's language is important for effective communication, it is only one factor influencing the relationship between the bilingual worker and the client or customer. Other factors such as cultural understanding, empathy, professionalism, trustworthiness, and the ability to navigate cultural differences also play significant roles in building a positive and productive relationship.

Language assistance is defined as:

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Explanation:
Language assistance encompasses the actions and measures taken to help individuals who have limited proficiency in English to effectively communicate. This includes providing competent oral interpretation, translating written materials, and ensuring that language barriers do not hinder access to services or information. It emphasizes the importance of facilitating communication to ensure understanding and promote equitable access to services for linguistically diverse populations.

Professional behaviours include:

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Explanation:
Professional behaviors encompass applying your organization's policies, respecting the parameters of your role in relation to language assistance, and developing a clear understanding with your colleagues about the boundaries of your role. These actions contribute to maintaining professionalism, adherence to standards, and effective collaboration within the workplace.

Specific language proficiency does not necessarily mean that an individual represents a particular culture or is likely to reflect the majority of views in a community.

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Explanation:
Language proficiency refers to an individual's ability to speak, understand, read, and write in a specific language. It does not necessarily indicate that the individual represents a particular culture or reflects the majority of views in a community. Cultural representation and community views are influenced by various factors beyond language proficiency alone.

Duty of care include:

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Explanation:
Duty of care encompasses the following aspects:
- Legal: Adhering to legal obligations and responsibilities imposed by laws and regulations.
- Professional: Maintaining standards of professional conduct and practice within the profession or field.
- Community: Considering the broader impact and responsibilities to the community served.
- Organisation: Ensuring organizational policies and practices are in place to protect individuals and promote safety.

These elements collectively define the duty of care comprehensively, covering legal requirements, professional standards, community impact, and organizational responsibilities in ensuring the safety and well-being of individuals receiving services.

A bilingual worker should take reasonable measures to assess the client’s language skills and make recommendations on whether a certified interpreter needs to be engaged.

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Explanation:
A bilingual worker should assess the client's language proficiency to determine whether they can effectively communicate without assistance or if a certified interpreter is necessary. This assessment helps ensure accurate communication and meets the client's needs appropriately.

A bilingual worker should help a client understand a legally binding document.

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Explanation:
A bilingual worker should not interpret or assist with legally binding documents unless they are qualified and authorized to do so. Legal documents often require precise translation and interpretation to avoid misunderstandings or legal implications. It is essential to engage a qualified professional, such as a certified translator or interpreter, to ensure accuracy and legal compliance when dealing with such documents. Therefore, the correct approach is to refer clients to appropriate legal professionals or certified interpreters for assistance with legally binding documents.