Unit of competency details

Unit Descriptor 

This unit describes the skills and knowledge required to engage and work with involuntary and mandated clients

Application 

This unit applies to a range of organisation contexts where clients may be directed to participate or seek interventions as the result of legislation, court order or other mandated process.

Employability Skills 

This unit contains Employability Skills

Elements define the essential outcomes of a unit of competency.

The Performance Criteria specify the level of performance required to demonstrate achievement of the Element. Terms in italics are elaborated in the Range Statement.

ELEMENT 

PERFORMANCE CRITERIA 

1. Encourage clients to comply with legislative, statutory and/or court orders

1.1 Establish and confirm clients needs and expectations of the service and work role with regard specified mandated orders 

1.2 Clarify information for the client about the required compliance in service interventions and supports.

1.3 Obtain feedback on the client's level of understanding of mandated requirements to comply.

1.4 Advise clients of processes and timelines when interpretation and/or advice may be required from others in complex matters 

1.5 Explain organisation policies, procedures and any limitations for working with mandated clients 

2. Implement strategies to assist the client with compliance

2.1 Tailor communication strategies  to meet the clients needs and context

2.2 Consult with the client regularly to ensure that interactions and plans aid and maximise opportunities for compliance

2.3 Identify any further assistance that may require the facilitation of referral to other supports or services 

3. Monitor compliance with legislative requirements and/or court orders

3.1 Monitor client compliance in accordance with organisation policy and procedures

3.2 Examine cause and effect and use negotiation strategies to encourage appropriate responsibility and accountability for non compliant behaviour

3.3 Record and manage non compliance issues and any related incidents as required in individual work contexts

3.4 Discuss concerns or repeat issues of client non compliance with supervisors or as part of case review process where this is part of routine work practices

4. Manage unacceptable behaviour related to mandated compliance

4.1 Challenge unacceptable behaviour  and outline options and opportunities to change clearly and with positive encouragement

4.2 Confirm the implications of continuing unacceptable behaviour clearly, calmly and objectively

4.3 Use techniques according to organisations procedures to ensure personal safety and safety of clients/colleagues

4.4 Carryout intervention strategies according to an analysis of the situation and organisation policies and procedures

REQUIRED SKILLS AND KNOWLEDGE 

This describes the essential skills and knowledge and their level required for this unit.

Essential knowledge :

The candidate must be able to demonstrate essential knowledge required to effectively do the task outlined in elements and performance criteria of this unit, manage the task and manage contingencies in the context of the identified work role

These include:

• Understanding different types of legislation/laws that may have resultant court orders that necessitate client's mandated compliance to engage and attend in service provision.
• Specific knowledge of the types of situations where mandated orders apply and the consequences of non compliance
• Policies of the organisation that provide specific procedures and guidance for working with mandated clients
• Process for the management non compliance by mandated clients, including the levels of responsibilities for clients, workers, organisations and other external entities.
• Potential liabilities and/or consequences for clients, workers, and organisation if court orders or legislative requirements are breached
• Strategies for engaging involuntary and mandated clients so that genuine attempts are made to ensure clients have every opportunity to demonstrate compliant behaviour.
• Interpersonal techniques for safely and constructively challenging client non compliance within scope of job role
• Safety management and planning strategies to address any aggressive resistant behaviour by involuntary and mandated clients
• Indicators of potential conflict and crisis situations and how to de escalate these situations
• Awareness of own limitations and when to consult more experienced practitioners, supervisors or colleagues for support in working with mandated clients.
• Awareness of organisation policies and procedures relating to responding to responses of behaviour, safety and security, delegations and duty of care
• Principles of negotiation, conflict resolution and effective communication techniques
• Reporting procedures and practices, internal and external, for working with involuntary and mandated clients
• Awareness of the issues that may arise when working with mandated and involuntary clients
• Support and referral services and specialist as well as relevant a legal entities
• Principles of cultural practices and customs of the client and their impact on behaviour in a mandated participation context

Essential skills :

It is critical that the candidate demonstrate the ability to:

• Comprehend and clarify for others, including colleagues and clients any requirements of mandated orders
• Identify and seek out expert individuals and services to provide advice to clients on their rights and responsibilities as involuntary clients.
• Apply effective interpersonal skills and conflict resolution skills, particularly negotiation in complex situations of high conflict as a result of a client's resistance to comply with orders
• Observe, interpret and cautiously describe in observational notes the client's interaction with others and any relevance to mandated orders
• Identify the need to seek support form colleagues when working with involuntary clients
• Identify and respond within job role to any potential risks or concerns for own or others safety as a result of working with involuntary clients
• Apply a range of strategies for engaging with the client to problem solving issues of non compliance

In addition, the candidate must be able to effectively do the task outlined in elements and performance criteria of this unit, manage the task and manage contingencies in the context of the identified work role

These include the ability to:

• Constructively and safely challenge clients non compliance with orders - where this a requirement of the job role
• Apply effective communication skills including:

• listening and understanding
• speaking clearly and directly
• persuading effectively
• empathising
• being appropriately assertive
• negotiating responsively

• Work with diverse individuals and groups

EVIDENCE GUIDE 

The evidence guide provides advice on assessment and must be read in conjunction with the Performance Criteria, Required Skills and Knowledge, the Range Statement and the Assessment Guidelines for this Training Package.

Critical aspects for assessment and evidence required to demonstrate this unit of competency :

• The individual being assessed must provide evidence of specified essential knowledge as well as skills.
• Consistency of performance should be demonstrated over the required range of situations relevant to the workplace and over a period of time
• Where, for reasons of safety, space, or access to equipment and resources, assessment takes place away from the workplace, the assessment environment should represent workplace conditions as closely as possible

Access and equity considerations :

• All workers in community services should be aware of access, equity and human rights issues in relation to their own area of work
• All workers should develop their ability to work in a culturally diverse environment
• In recognition of particular issues facing Aboriginal and Torres Strait Islander communities, workers should be aware of cultural, historical and current issues impacting on Aboriginal and Torres Strait Islander people
• Assessors and trainers must take into account relevant access and equity issues, in particular relating to factors impacting on Aboriginal and/or Torres Strait Islander clients and communities

Context of and specific resources for assessment :

• This unit can be assessed independently, however holistic assessment practice with other community services units of competency is encouraged
• Resource requirements for assessment include access to:

• a relevant workplace or an appropriately simulated environment where assessment may take place

Method of assessment :

• Observation in the workplace (if possible)

• where performance is not directly observed and/or is required to be demonstrated over a period of time and/or in a number of workplace settings, any evidence should be authenticated by colleagues, supervisors, clients or other appropriate persons
• in cases where the learner does not have the opportunity to cover all relevant aspects in the work environment, the remainder should be assessed through realistic simulations, projects, previous relevant experience or oral questioning on 'What if?' scenarios

• Assessment of this unit of competence will usually include observation of processes and procedures, oral and/or written assignments/projects or questioning on essential knowledge and skills and consideration of required attitudes
• Case study and scenario as a basis for discussion of issues and strategies to contribute to best practice
• The assessment environment should not disadvantage the candidate
• Assessment practices should take into account any relevant language or cultural issues related to Aboriginality, gender or language barriers other than English
• Where the candidate has a disability, reasonable adjustment may be applied during assessment
• Language and literacy demands of the assessment task should not be higher than those of the work role

RANGE STATEMENT 

The Range Statement relates to the unit of competency as a whole. It allows for different work environments and situations that may affect performance. Add any essential operating conditions that may be present with training and assessment depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts.

Mandated orders may include but are not limited to :

• Court orders issued as a matter of federal or state legislation and jurisdictions:

• contact orders program
• child protection matter
• family law matters
• domestic and family violence orders

Mandated clients includes :

• Individuals attending the organisation or participating in aspects of service provision as a result of a court or other legally binding arrangement or directive
• Involuntary participant

Complex matters may include :

• Client may have additional needs that affect their ability to comply with court or other orders/agreements:

• mental health issues
• alcohol and other drug issues
• financial problems
• transportation issues
• child care problems
• communication issues
• disability
• language or other cultural factors
• conflicting orders
• violence and/or abusive behaviour

Limitations for working with mandated clients may include :

• Client consistently resists compliance after all attempts are made by workers to engage with the client
• Assessed risk determine that to continue to engage with the involuntary client has potential detrimental consequences
• When clients deliberately sabotage attempts by the organisation and the workers to establish a workable arrangement for meeting court order requirements
• When the needs of the client are beyond the purpose and capacity of service provision
• When clients exhibit behaviours that are perceived or real threats to the safety of workers, colleagues or other clients
• When courts or other legal entities direct the service provision to cease

Communication strategies may include :

• Use of positive assertive language
• Non-verbal gestures
• Constructive questioning/listening
• Tone of voice
• Awareness of cultural values and sensitivity
• Defusing verbal aggression
• Negotiating agreements
• Languages other than English
• Indigenous languages
• Visual language
• Assistive language technology

Other supports or services may include :

• Legal advisers
• Psychologists
• Social Worker
• Drug and Alcohol services
• Community support agencies
• Child Support Agency
• Family Law Court
• Family Relationships Centres
• Behavioural education programs
• Medical Services

Unacceptable behaviour may include but is not limited to :

• Actual violence, threats of violence to workers and or others
• Verbal abuse or aggression towards workers and/or others
• Manipulation and sabotage of processes aimed at engagement and facilitation of services