Overview

• A duty of care is a legal obligation to take reasonable care for those we support so as not to cause harm to another person when that harm could be reasonably foreseen. 
• We must use our best judgment to balance our legal duty of care to ensure a client's safety and well-being while supporting their right to live an autonomous and self-determining life. 
• This right is referred to as dignity of risk.
• We recognise that when our duty of care and dignity of risk is balanced, it promotes positive risk-taking for the client, which:
  • improves autonomy, social interaction and health
  • supports independent living and self-determination, and
  • enables a person-centred approach.
• When the duty of care and dignity of risk are not appropriately balanced, it can hurt our clients and us. 
• The client may feel patronised, overprotected, and lost dignity, while we may be found negligent for failing to fulfil our duty of care to clients. 
• We must be aware, understand, and take appropriate actions to ensure we fulfil our duty of care while supporting our clients' right to dignity of risk.

• all areas of service practice
• HWH, including key managers and staff.

• NDIS - Practice Standards and Quality Indicators, Version 3, 2020 (Cth) 
• Duty of Care and Dignity of Risk (accessible)

Policy

• HWH is responsible for ensuring all our workers have the qualifications, experience and understanding to navigate duty of care obligations and dignity of risk decisions. 
• This may be achieved through:
  • Training and education, and
  • Consult with clients and their support networks to understand their goals, values and boundaries.

• We are responsible for ensuring that our standard of care supports clients' lives as meaningfully and independently as possible. However, this also means taking necessary caution and proactive measures when certain risks present themselves in everyday life for the clients we support.
• When a situation, choice or activity arises where the duty of care and dignity of risk need to be considered, we must factor in:
  • our client's previous experience in similar situations
  • our client's desires, opinions, goals, values and knowledge
  • the context in which the decision is being made
  • the possible outcomes and extent of harm to the client and others if the client does pursue the choice.
• If there is a reasonable and foreseeable chance of significant harm to the client or others, it is our legal responsibility to act with a duty of care. This may include:
  • discussing with the client the potential outcomes and ways they may be able to protect themselves or others
  • adjusting the environment or activity to eliminate potentially harmful outcomes
  • assisting in the action or activity where the risk or hazard is likely to occur, or as a last alternative
  • stopping or postponing the activity.
• If no reasonable adjustments or assistance can be offered, it may be necessary to intervene or stop the choice or activity. If this occurs, the worker will discuss the decision with the client and explain why they made that decision and how it may be navigated in the future.

• While we are responsible for maintaining a duty of care, we are also responsible for allowing clients to take risks. Like all adults, it is the clients’ right to learn from experience, even if the outcomes may pose a potential risk.
• A client's decision will be supported as practicable whilst maintaining a duty of care.
• Any decision about the dignity of risk a client makes will not provide the basis for service withdrawal or denial.
• Dignity of Risk Acknowledgement form below

• A breach of duty of care is a failure to meet the relevant standard of care. 
• This means that a worker either puts the client at risk and results in foreseeable harm or does not act to protect the client when there is a reasonable expectation or foreseeable risk that it will result in harm. This is known as negligence.
• If a worker is found to have breached their duty of care or a client's right to the dignity of risk, we will promptly investigate all allegations. This may result in disciplinary action up to and including termination of employment.
• If the worker is negligent, this may result in civil legal action.