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Unregulated Care Workers: Capacity & Consent

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3m of CPD
It is important for unregulated care workers to have a clear understanding of their legal and ethical responsibilities in relation to the consumer’s right to consent and refuse care, and when a legal substitute may be required to give consent on the consumer’s behalf.

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Unregulated care workers (UCW) in health care often hold unique and privileged positions that allow them to have direct contact with the consumers of their organisation’s services. UCWs are subject to varying levels of supervision, and in many instances, work autonomously under the indirect supervision of another employee. Therefore, it is important for UCWs to have a clear understanding of their legal and ethical responsibilities to their employer, colleagues, consumers and the general community when providing care. All care workers who have direct contact with consumers need to understand their legal and ethical obligations in relation to the consumer’s right to consent and refuse care, and when a legal substitute may be required to give consent on the consumer’s behalf.

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Contents

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  • 3 Assessment Questions

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Meet the educator

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Linda Starr
Associate Professor
Dr Linda Starr has undergraduate and postgraduate qualifications in general, mental health nursing, law, education and a PhD in legal issues in elder abuse. Linda has extensive experience as an RN in metropolitan and rural locations, in general nursing, mental health, forensic health, aged care and management. She has held senior positions in academia, including the dean of the School of Nursing and Midwifery. Linda has publications in health law and forensic health issues. Linda is an associate professor in the College of Nursing and Health Sciences at Flinders University and a consultant educator in health law and ethics for nurses, midwives and carers. She is chair of the SA Board of Nursing and Midwifery, fellow of the College of Nursing Australia, foundation president of the Australian Forensic Nurses Association, member on the School of Health Academic Advisory Board for Open Colleges and the international member on the Editorial Board for the Journal of Forensic Nursing.
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What do others think?

191 reviews by Ausmed Learners
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LH
Lynn Hancock
10 Nov 2020
great resources.Well written article.
Portrait of Joanne Brewster
Joanne Brewster
24 Jan 2021
Clearly outlines the guidelines for gaining informed consent, a skill that's lacking in the medical profession today. It was a good article for reminding us of what it involves and that it is still very important.
KB
KYLIE BEASLEY
30 Oct 2020
Extremely helpful
BB
Bina Baniya
20 Mar 2021
Useful
KP
Kevin Porter
09 Nov 2020
A good refresher tool.
KI
Karen Innes
28 Dec 2020
Interesting article that reflects current industry practice- home care is increasing and the workers need to better understand the important concepts in order to keep themselves and consumers safe.
Portrait of Adele Gillies
Adele Gillies
13 May 2021
A concise and informative review in providing ethical care (that complies with the relevant Standards and legislation) and is in the best interests of the person.
Portrait of Bernadette Woods
Bernadette Woods
09 Nov 2020
Good reminder of patients fights to refuse care
MC
Marion Carter
09 Nov 2020
Simple, clear, direct educational, essential article
AP
Angela Parker
09 Nov 2020
Quick and easy to read as well as informative
4.4 / 5
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