3.4 .5 Duty of Care

Preamble

BigDog Support Services Pty Ltd (BigDog) recognises that there is a Duty of Care to all employees, volunteers, work experience students, contractors, clients and visitors to the service and that all employees, volunteers, work experience students, contractors, clients and visitors have a legal duty of care to each other. BigDog will ensure that all employees and volunteers employ safe practices, and that the workplace is physically safe. Staff working in the private homes of clients will be made aware of their legal duty of care and will be provided with adequate training for their role as a Support Worker.

BigDog recognises that people with a disability have the same human and civil rights as other members of the community. In common with the rest of the community, exercising these rights may entail some risks.

However, our clients are often vulnerable to risks to their personal safety, security and wellbeing and may require some level of protection and personal assistance or support from employees.

Service Philosophy

The principle of the least restrictive and least intrusive alternative can assist staff to understand how duty of care fits into the service philosophy. The principle requires that programs and individual services should intrude on a Participant’s autonomy to the least extent compatible with meeting the Client’s need and achieving the objectives of the service. This means that in fulfilling duty of care actions taken should be those which involve the least infringement of the fewest rights; and the least important rights of the fewest people possible.

Duty of Care

The Law of negligence as described in common law, is what is applied to understand the meaning of Duty of Care. All support workers are required to act responsibly in the duties they perform whilst working with a client

A Duty of Care exists when someone’s actions, or failure to act, could reasonably be expected to affect another person.

Duty of care, then simply means being in a position where someone else is likely to be affected by what you do, or do not do, and where, if you are not careful, it is reasonable to assume that the other party may suffer some form of harm.

Reasonable standard

A reasonable standard is not meant to mean perfection but assumes that the person who has performed the act has met a standard that would be expected of another reasonable person in their shoes.

Breach of Duty of Care

A breach of Duty of Care occurs when a person;

1. Does something that they should not have done, or

2. Fails to do something they should have done thus not maintaining the relevant standard.

It should be noted that reasonable standards may vary dependent upon the situation and the resources available to the individual. This then means that clear expectations as to what the reasonable standard for the relevant support will be, needs to be well established prior to the provision. A good support worker will question what is right and appropriate, understand policy, and have a sound basis in understanding of current community expectations.

Reasonable Care

Where a duty of care exists, the law requires that the person exercise the same degree of care that a reasonable person could be expected to show.

A higher standard is expected from a person responsible for the care of someone whom the law would regard as vulnerable. This would include people who have a disability.

Management, employees and volunteers are therefore obliged to exercise the degree of care that could reasonably be expected from a competent and skilled person in that job or volunteer position

The overriding principle is that as long as management, employees and volunteers take reasonable care and consider the rights of all concerned, then the reasonable expectations of consumers of the service, management, staff, volunteers and the community will be met.

Duty of Care and Human Rights

What is my duty of care?

Where another person is reasonably likely to be affected by what I do or don’t do

Where injury or harm is foreseeable if I don’t act in a reasonable way

Where I owe an increased duty to a person due to my position of power over them and their vulnerability

How can I support decision making?

Acknowledge the person’s right to an assumption of competence

Look for ways of involving myself to minimise risk of abuse of the person’s rights

Ensure that the person is able to communicate their decisions

How should I balance rights?

Be aware of what rights are at stake

Remember my obligation to uphold the full range of legal and human rights

Some of the legal considerations

Duty of Care

A part of Common Law

An aspect of the law of negligence

The Law of Negligence involves

Duty of Care – a responsibility to be careful where injury or harm is foreseeable Standard of Care – what would be expected of a reasonable person in your shoes

Breach of Duty of Care – failing to do what is reasonable or doing something that is unreasonable

Harm, loss or injury – Physical harm, economic loss or psychological trauma directly attributable to the breach of duty

Work Health and Safety Act

The Act sets out requirements and standards that you must do to protect the health, safety and welfare of workers and other people in a place of work.

Summary

The NDIS introduced a significant shift from a welfare-based system of support for people with disability to an insurance approach that works with people with disability and invests to improve their long-term outcomes. The NDIS is part of a broader ecosystem, where families, community and other government services support people with disability to be included socially and economically while working to improve their lifetime outcomes, helping them live an ordinary life.

Supporting Documents

Policies

3.0 Provision of Supports

Forms

Risk Assessment Form

Hazard Assessment Form

Warning Letter Duty of Care

Information

Code of Practice

Human Services Quality Framework October 2021 Version 8

NDIS Practice Standards November 2021 Version 4

Support Worker Induction Manual

Training

NGO Duty of Care & Dignity of Risk

First Aid and CPR

Person-Centred Thinking

Social Role Valorisation

Legislation

Child Protection Reform and other Legislation Act 2022 (QLD)

Disability Services Act 2006 (QLD)

Human Rights Act 2019 (QLD)

National Disability Insurance Scheme Act 2013 (Cwth)

NDIS (Provider Registration and Practice Standards) Amendment Rules 2021

Work Health and Safety Act 2011 (QLD)

NDIS Practice Standards and Quality Indicators

BigDog Support Services Pty Ltd (BigDog) is a registered NDIS provider and is required to apply the scheme’s practice standard and quality indicators. The standards have been developed to create an important benchmark to assess provider performance and ensure that high quality and safe supports and services are provided to NDIS participants.

The four core modules are:

1.0 Rights and Responsibilities;

2.0 Governance and Operational Management;

3.0 The Provision of Supports; and

4.0 The Support Provision Environment.

3.4 Responsive Support Provision

Each participant accesses responsive, timely, competent and appropriate supports to meet their needs, desired outcomes and goals.

3.4.1 Supports are provided based on the least intrusive options, in accordance with contemporary evidence-informed practices that meet participant needs and help achieve desired outcomes.

3.4.2 Where agreed in the service agreement, and with the participant’s consent or direction, links are developed and maintained through collaboration with other providers to share information and meet participant needs.

3.4.3 Reasonable efforts are made to involve the participant in selecting their workers, including the preferred gender of workers providing personal care supports.

3.4.4 Where a participant has specific needs which require monitoring and/or daily support, workers are appropriately trained and understand the participant’s needs and preferences.

3.4.5 Duty of Care

BigDog additional Policy.

3.4.5 Duty of Care

Human Services Quality Standards

The Human Services Quality Standards set a benchmark for the quality of service provision. Each Standard is supported by a set of performance indicators which outline what an organisation is required to demonstrate to meet that standard.

4 Safety, Wellbeing and Rights

The safety, wellbeing and human and legal rights of people using BigDog services are protected and promoted.

4.1 BigDog provides services in a manner that upholds people’s human and legal rights.

4.2 BigDog proactively prevents, identifies and responds to risks to the safety and wellbeing of people using services.

4.3 BigDog has processes for reporting and responding to potential or actual harm, abuse and/or neglect that may occur for people using services.

4.5 BigDog demonstrates that feedback, complaints and appeals processes lead to improvements within the service and that outcomes are communicated to relevant stakeholders.

6 Human Resources

6.1 BigDog has human resource management systems that are consistent with regulatory requirements, industrial relations legislation, work health and safety legislation and relevant agreements or awards.

Responsible Officers

Steven Paull Managing Director

Courtney Carroll Director Company Solicitor

Leanne Gilkison Operations Manager