|A breach of any duty of care means that the community organisation owed a duty of care and did not fulfil that duty to the appropriate standard. For example a breach might be where a community worker was obliged to advise a person properly about their entitlements and failed to do so thereby causing a client to lose access to such entitlements.|
Whether a community worker has breached their duty of care (based on the appropriate standard of care) will be a matter for a Court.
For example a community worker provides lifestyle support to a person with a severe intellectual disability who doesn’t understand basic safety issues. The worker fails to ensure that the client is wearing a safety harness whilst a passenger in the work vehicle and subsequently has a serious accident wherein the client is badly injured. In a case such as this, it is likely that the community worker owed a duty of care to the client as well as there being a general duty imposed by traffic laws. By not acting to ensure compliance, the worker has probably breached their duty of care.
|Community Services Act & Disability Services Act|
|Both the Community Services Act and the Disability Services Act require that organisations have policies that set up some duties to clients. |
|The Disability Services Act requires policies on avoiding abuse, neglect and exploitation of clients (regulation 17)|
The Community Services Act requires the organisation to take reasonable steps to protect the users of services from harm (regulation 8).|