Legal Skills for Community Services Workshop Guide and Toolkit Community service organisations are increasingly having to interact with the legal system in a wide range of acts, regulations, rules, processes and procedures in areas such as corporate governance, workplace health and safety, employee/employer relations and allegations of potential service negligent acts and omissions. Basic legal knowledge and skills are key requirements for executive managers and operational supervisors to effectively work in this ever-increasing legal and regulatory environment, particularly with the introduction of the National Disability Insurance Scheme. Bringing People Together To develop responses to the community’s needs for transport, access and mobility 1 1
Legal Skills for Community Services WORKSHOP ORKSHOP OBJECTI OBJECTIVES VES Overview of the legal and regulatory framework of community services Where do you find the law – finding your way in the maze of legislation How to read Queensland and Commonwealth Acts and Regulations – examples will include corporate governance, workplace health and safety, privacy, employee/employer relations and negligence issues The legal structure of the NDIS – from its Act and Rules to its operational guidelines Responding to disputes, complaints, allegations and breaches of the law Importance of gathering and preserving evidence – interviewing, taking statements, contemporaneous note-taking Working efficiently and effectively with your solicitors Managing information to stakeholders and media Giving evidence in tribunals/courts Mediation and alternative dispute resolution . Bringing People Together To develop responses to the community’s needs for transport, access and mobility 2
Legal Skills for Community Services Ov Over erview view of of th the le e lega gal a l and nd regu gula lato tory fr y frame amewor ork k of of co commun mmunity ity ser services vices Source: The Queensland Law Handbook 12 th edition Bringing People Together To develop responses to the community’s needs for transport, access and mobility 3
Legal Skills for Community Services Whe here e do do you ou fi find nd th the law e law – finding finding you our w r way ay in in th the maz e maze of e of le legisla gislation tion Parliament made law (Statute law – Act, Regulations etc.) Federal and State Parliaments – power to legislate Judge-made law (Common law ) Precedent (Binding v Persuasive) Citing a Court/Tribunal decision Finding the law – searching www.austlli.edu.au Legal digests – case reports Bringing People Together To develop responses to the community’s needs for transport, access and mobility 4
Legal Skills for Community Services Ho How w to to r rea ead Que d Queen ensland sland an and Commo d Commonw nwea ealth lth Acts Acts an and d Regu gula lation tions s – exa xample mple Cor Corpor porate te go gover ernan nance ce - - Civil Civil Lia Liability Act bility Act 200 2003 3 (Q (Qld) ld) Section 39 Protection of volunteers (1) A volunteer does not incur any personal civil liability in relation to any act or omission done or made by the volunteer in good faith when doing community work— (a) organised by a community organisation; or (b) as an office holder of a community organisation. [… further subsection omitted …] Section 40 Liability not excluded for criminal acts This subdivision does not confer protection from personal liability on a volunteer in relation to an act or omission of the volunteer if it is established (on the balance of probabilities) that at the time of the act or omission the volunteer was engaged in conduct that constitutes an offence. Section 41 Liability of intoxicated volunteer not excluded The protection from personal liability conferred on a volunteer by this subdivision in connection with any community work does not apply if the volunteer— (a) was intoxicated when doing the work; and (b) failed to exercise due care and skill when doing the work. >>> CONTINUED NEXT SLIDE Bringing People Together To develop responses to the community’s needs for transport, access and mobility 5
Legal Skills for Community Services Ho How w to to r rea ead Que d Queen ensland sland an and Commo d Commonw nwea ealth lth Acts Acts an and R d Regu gula lation tions s – exa xample mple Wor orkplace kplace health health and and saf safety ety – Wor ork Health and k Health and Saf Safety ety Act Act 2011 2011 (Qld) (Qld) PC PCBU U – Primar Primary y du duty o ty of car care (S. e (S. 19 19 - pa part) t) 19 Primary duty of care (1) A person conducting a business or undertaking must ensure, so far as is reasonably practicable, the health and safety of— (a) workers engaged, or caused to be engaged by the person; and (b) workers whose activities in carrying out work are influenced or directed by the person; while the workers are at work in the business or undertaking. (2) A person conducting a business or undertaking must ensure, so far as is reasonably practicable, that the health and safety of other persons is not put at risk from work carried out as part of the conduct of the business or undertaking. >>> CONTINUED NEXT SLIDE Bringing People Together To develop responses to the community’s needs for transport, access and mobility 6
Legal Skills for Community Services Ho How w to to r rea ead Que d Queen ensland sland an and Commo d Commonw nwea ealth lth Acts Acts an and R d Regu gula lation tions s – exa xample mple Priv Privac acy y – Priv Privac acy A y Act ct 1988 1988 (Cw Cwth th) 14 Australian Privacy Principles (1) The Australian Privacy Principles are set out in the clauses of Schedule 1. (2) A reference in any Act to an Australian Privacy Principle by a number is a reference to the Australian Privacy Principle with that number. 15 APP entities must comply with Australian Privacy Principles An APP entity must not do an act, or engage in a practice, that breaches an Australian Privacy Principle. >>> CONTINUED NEXT SLIDE Bringing People Together To develop responses to the community’s needs for transport, access and mobility 7
Legal Skills for Community Services Ho How w to to r rea ead Que d Queen ensland sland an and Commo d Commonw nwea ealth lth Acts Acts an and R d Regu gula lation tions s – exa xample mple Emplo Employee/e /emp mplo loyer r rela lation tions s – Fair ir Work Ac Act t 2009 2009 (Cwth) (Cwth) 365 Application for the FWC to deal with a dismissal dispute If: (a) a person has been dismissed; and (b) the person, or an industrial association that is entitled to represent the industrial interests of the person, alleges that the person was dismissed in contravention of this Part; the person, or the industrial association, may apply to the FWC for the FWC to deal with the dispute. >>> CONTINUED NEXT SLIDE Bringing People Together To develop responses to the community’s needs for transport, access and mobility 8
Legal Skills for Community Services Ho How w to to r rea ead Que d Queen ensland sland an and Commo d Commonw nwea ealth lth Acts Acts an and R d Regu gula lation tions s – exa xample mple Ne Negli ligence issu issues Before a plaintiff can recover compensation from a defendant in a negligence action, the plaintiff must show three things: that the defendant owed them a duty of care that the defendant breached that duty that personal injury was suffered by them as a result of that breach of duty. Source: The Queensland Law Handbook 12 th ed. Bringing People Together To develop responses to the community’s needs for transport, access and mobility 9
Legal Skills for Community Services The he l lega gal l str struc uctu ture of e of th the NDIS e NDIS – fr from om its Ac its Act t and Rules les to to i its ts operation tional l guide ideli lines s National Disability Insurance Scheme Act 2013 National Disability Insurance Scheme (xxx) Rules 20xx (pursuant to sec. 17 of Act) NDIA’s CEO “Operational Guidelines” (pursuant to a Rule under the Act) Forms, assessment tools, policies etc. >>> CONTINUED NEXT SLIDE Bringing People Together To develop responses to the community’s needs for transport, access and mobility 10
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