Continuous improvement
8g: Duty of care
Overall considerations
Duty of care is a hot topic for disability organisations. Legally, we all have a duty to take reasonable care not to cause foreseeable harm to other people or their property. This is also known as the law of negligence
.Key areas for consideration in relation to duty of care could include:
- Who do we have a duty of care to?
- What is our duty of care to everyone in or associated with our organisation?
- What would I as a reasonable person do/not do to ensure that as far as possible there is no breach of duty of care, and that no one will suffer harm or loss because of my actions/inactions?
- What regular, ongoing and documented training do we provide to ensure that individuals at all levels of the organisation make informed decisions about things that could harm them?
Diagram 3.2: Simple framework for duty of care
Description of Diagram 3.2
The framework is a useful tool for thinking through, in a group, issues related to duty of care in your organisation. The key is to balance the rights of all stakeholders with possible risks. Training is critical to help minimise risk to all stakeholders and to ensure all stakeholders are informed of the potential risks and benefits involved.
Some examples of duty of care are:
- As an employer you have a duty to provide a safe place of work by having comprehensive policies, procedures and available training on back safety and lifting.
- In your organisation you have some participants who demonstrate aggressive or anti-social behaviours. What is your responsibility both to the person who demonstrates the behaviours as well as prospective employers and their staff?
- In your Australian Disability Enterprise you handle quite a lot of medication on behalf of some of the supported employees. How do you know if you are permitted to administer medication? How do you ensure that the right medication is administered without any mistakes? How do you ensure that only those who require medication have access to the medication?
It is important when considering your duty of care to consult your own state or territory legislation. Some websites for Workcover can be found in Section 5 under Contacts and resources. There are other state-based Legal Aid websites that can provide you with assistance. It is also important to consult your own lawyers to ensure that you are doing all you should and can be doing in relation to your duty of care.
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