SayPro Duty of care

If a matter is taken to court, the factors considered in determining negligence are:

• Does one person owe a legal duty of care to another?
• Has there been a breach of that duty of care?
• Has damage or injury resulted from the breach of duty of care?

The way the court interprets the decision will depend on a range of factors and circumstances, including the following:

• what would be expected of a ‘reasonable’ person in the same situation
• the worker’s roles and responsibilities within the organisation
• the training and experience of the worker
• the practicalities of the situation
• current community values about acceptable practice
• standards generally seen as applicable to the situation
• other relevant laws such as the Workplace Health and Safety Act
• meeting legislative and other procedural requirements

When working with clients, you and your agency need to be very aware of any legal and other responsibilities that must be followed. These responsibilities could include:

• Statutory requirements of clients, such as those relating to Protection requirements (e.g. Who they can and can’t see or live with, Restraining Orders.)
• court orders and any special conditions. Reporting (e.g. Mandatory Reporting, who to report to, how to report)
• Temporary Protection Visas (for people seeking asylum in Australia).
• Funding Service Agreements. (The responsibility of the agency regarding use of that funding, e.g. the agency’s role in supporting clients at risk.)
• meeting the health and safety requirements of workers and users of agency programs (Workplace Health and Safety Act requirements)
• agency and/or departmental regulations and guidelines (policies and procedures)
• providing inclusive programs that do not discriminate against those from other cultural backgrounds or who have special requirements because of a disability, etc.