What duty of care means
Anyone providing a service owes the people they serve a duty to take reasonable care. In disability support that means thinking ahead about what could go wrong, taking reasonable steps to prevent harm, and responding properly when something does happen.
The standard is reasonableness, not perfection. The question is whether a careful worker or provider in the same situation, with the same information, would have acted the same way.
Where it shows up in NDIS rules
Duty of care is a general legal concept, but NDIS rules build it into everyday practice:
- The NDIS Code of Conduct requires every provider and worker, registered or not, to provide supports and services in a safe and competent manner with care and skill
- The Code also requires them to take all reasonable steps to prevent and respond to violence, exploitation, neglect and abuse, and to promptly raise and act on concerns about quality and safety
- Registered providers must meet the NDIS Practice Standards, including risk management and incident management
- Employers also have work health and safety duties to workers and others under state and territory law
Duty of care and dignity of risk
People with disability have the same right as anyone to make choices that carry some risk, such as cooking, catching public transport alone or starting a relationship. Overprotecting someone is not good duty of care; it takes away learning, confidence and independence.
The SIL Practice Standards make this balance explicit. Providers must have policies that respect participants' dignity of risk while upholding obligations to safety, and must involve participants in safeguarding discussions. Restrictive practices are never a tool for managing everyday risk.
A practical way to balance risk
When a person wants to do something risky, work through it with them rather than for them:
- What does the person want, and why does it matter to them?
- What could realistically go wrong, how likely is it, and how serious would it be?
- What would make it safer without taking the choice away, such as skills training, equipment or a check in?
- Does the person understand the risks, with supported decision making if needed?
- Who else needs to know, such as family, a guardian or other providers?
Documenting risk
Good records protect participants and providers. Write down the risk assessment, the person's wishes, the options discussed, the safeguards agreed and who agreed to them. Review it when circumstances change.
If something goes wrong, your incident management system should guide what happens next: making sure the person is safe, calling 000 when needed, recording the incident, and reporting it to the NDIS Commission if it is a reportable incident.
When duty of care is breached
Failing to take reasonable care can lead to harm, complaints, and action by the NDIS Commission for breaching the Code of Conduct or Practice Standards, such as compliance notices or banning orders. It can also lead to civil claims, which is one reason providers carry professional indemnity and public liability insurance.