Question

1.Explain the importance of not discriminating against clients with illnesses and disabilities and why e.g. Disability Discrimination Act

2.Explain why it is important, when treating minors under 16 years of age, to have a parent or guardian present

3.Explain why minors should not be given services without informed and signed parental or guardian consent

4.Explain the legal significance of gaining signed, informed consent to the service

Answer 1

1-Treating people fairly and not discriminating makes them feel respected and valued, which in turn makes them feel good about themselves. Sounds good maybe also include how not discriminating encourages people's participation, invitation and inclusion. Preventing discrimination on Businesslink is good.

protects people with disability from discriminatory treatment in a range of areas including employment, education and access to services, facilities and public areas. The Act makes disability discrimination unlawful and promotes equal rights, equal opportunity and equal access for people with disabilities.

Different types of disability discrimination

• direct discrimination.
• indirect discrimination.
• failure to make reasonable adjustments.
• discrimination arising from disability.
• harassment.
• victimisation.

2-Not only do you need the consent of the responsible adult but also the child themselves. This ensure that they are wanting the treatment on a voluntary basis and they have not be pushes onto making a decision by an over-bearing parent or guardian.

For minors, however, the right to privacy in therapy is limited. Legally speaking, people under the age of 18 do not typically have a right to confidentiality in therapy. However, some therapists ask parents to agree to the therapist's confidentiality rules before they will treat the client.

A child under the age of 18 who lives independently without the support of parents and makes his or her own day-to-day decisions may petition the court for emancipation. If granted, the minor will have the same legal rights as an adult, including the right to consent to (and refuse) medical treatment.

3-“A minor may consent to medical care related to the prevention or treatment of pregnancy,” except sterilization.The health care provider is not permitted to inform a parent or legal guardian without the minor's consent.

In NSW, section 49 of the Minors (Property and Contracts) Act 1970 recognises consent by a child 14 years or older, and by parents when a child is 16 years or younger, in relation to assault and battery claims about medical or dental treatment.

Medical, dental and health services may be rendered to minors of any age without the consent of a parent or legal guardian when, in the physician's judgment, an attempt to secure consent would result in delay of treatment which would increase the risk to the minor's life or health.

4-Gaining informed consent means informing the patient of the procedure to be performed and the risks involved, as well as answering his or her questions before he or she agrees to undergo the treatment. This is important, as patients may know facts about their medical backgrounds that make the procedures unfavorable.

The main purpose of the informed consent process is to protect the patient. A consent form is a legal document that ensures an ongoing communication process between you and your health care provider.

Informed consent means that a person understands their health condition and what the proposed treatment is. Before making a decision about medical treatment, it is a good idea to get information about the treatment and give yourself time to consider it.