3.4.5 Duty of Care

Duty of Care

3.4.5

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3.4.5 Duty of Care Contents Preamble ............................................................................................................................. 3 Service Philosophy .............................................................................................................. 3 Duty of Care......................................................................................................................... 3 Reasonable standard ....................................................................................................... 3 Breach of Duty of Care ..................................................................................................... 4 Reasonable Care ................................................................................................................. 4 Duty of Care and Human Rights .......................................................................................... 4 What is my duty of care? .................................................................................................. 4 How can I support decision making? ................................................................................ 4 How should I balance rights? ........................................................................................... 4 Some of the legal considerations ......................................................................................... 5 Duty of Care ..................................................................................................................... 5 The Law of Negligence..................................................................................................... 5 Work Health and Safety Act ............................................................................................. 5 Summary ............................................................................................................................. 5 Supporting Documents ........................................................................................................ 6 Policies ............................................................................................................................. 6 Forms ............................................................................................................................... 6 Information ....................................................................................................................... 6 NGO Training ................................................................................................................... 6 Legislation ........................................................................................................................ 6 NDIS Practice Standards and Quality Indicators ................................................................. 7 3.4 Responsive Support Provision ................................................................................... 7 Human Services Quality Standards ..................................................................................... 8 4 Safety, Wellbeing and Rights ........................................................................................ 8 6 Human Resources......................................................................................................... 8 Delegation of Authority......................................................................................................... 8 Version Details ..................................................................................................................... 9

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Preamble BigDog Support Services Pty Ltd and Scottvale Health Club Group (BigDog) recognises that there is a Duty of Care to all workers, volunteers, work experience students, contractors, clients and visitors to the service and that all workers, volunteers, work experience students, contractors, clients and visitors have a legal duty of care to each other. BigDog will ensure that all workers 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 workers.

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.

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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, workers 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, workers 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.

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Some of the legal considerations Duty of Care A part of Common Law. An aspect of the law of negligence.

The Law of Negligence 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.

The National Principles for Child Safe Organisations outline the importance of BigDog having effective policies and procedures that document how BigDog is safe for children and young people and also emphasise the importance of embedding child safety and wellbeing in organisational leadership, governance and culture.

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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

NGO Training Child Safe Organisations Code of Conduct Duty of Care & Dignity of Risk First Aid and CPR Person-Centred Thinking Social Role Valorisation

Legislation Child Safe Organisations Act 2024 (QLD) Disability Services Act 2006 (QLD) Disability Services and Inclusion Act 2023 (Cwth) 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)

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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.

The supplementary modules cover: 5.0 Specialist Support 5.1 High intensity daily personal activities.

5.3 Implementing behaviour support plans.

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.

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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.

Delegation of Authority Name

Position

Details

Courtney Carroll

Director

Authorise review and implementation

Ann Paull

Company Secretary

Manage Finances

Steven Paull

Policy Management

Policy management, review and training

Monique Paull

HR Lawyer

Ensure compliance by workers

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Version Details This policy will be reviewed every twelve (12) months unless circumstances deem it necessary to review earlier. The review process will involve an analysis of the usefulness of the policy and to note any changes which are required to improve the policy.

If minor changes are made in wording or to clarify the intent, the version number will indicate this by adding a ‘point’ i.e. Version 1.0 indicates the original version and 1.1 with the first round of minor changes made. A significant change or intent of the policy will be indicated by a whole new number i.e. Version 2.0.

The following rules also apply in interpreting this policy: • Headings are for convenience only and do not affect interpretation.

• A singular word includes the plural and vice versa.

• A word that suggests one gender includes the other genders.

Date

V

July 2009

1.0 New Policy

March 2011

1.1 Updated BigDog from BDS

March 2012

1.2 Header – new logo and page of pages 2.0 HSQF Standards replace Service Standard Indicators Training sub-heading added to Supporting Documents

October 2013 February 2015 July 2016

January 2019 January 2020

January 2021

Details

2.1 Updated term 'Client’ to NDIS term 'Participant' 3.0 Changed to a procedure Added ‘and least intrusive’ Added Employee Induction Manual Deleted ‘staff recruitment flowchart’ 4.0 Updated to new logo and style guide 5.0 Removed HSQF Standards Indicators and Policy matched with NDIS Practice Standards and Quality Indicators Front cover updated to Standards colour identification Supporting Policies updated 5.1 Updated Responsible Officers details Introduction of BigDog Training Portal and modules Included document name in footer

January 2022

5.2 Updated responsible officers’ details NDIS Practice Standards November 2021 Version 4 Included 3.4.5 Duty if Care

January 2023

6.0 Included Human Services Quality Standards and Child Protection Act and the term “Participant” is returned to “Client” to allow for policies to cover NDIS and Child Safety.

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Date

V

January 2024

6.1 Disability Services Act 1986 replaced with Disability Services and Inclusion Act 2023 and policy review process included.

June 2025

6.2 Scottvale Health Club included in policy Steven Paull has retired, responsible officers updated

January 2026

6.3 Updated Responsible Officers details Included Child Safe Organisations Act 2024 (QLD)

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