Understanding Duty of Care in Aged Care
Learn about duty of care in Aged Care, why it matters, and steps to follow if a provider fails in their responsibilities.
Aged Care Homes and workers in Australia exist in a regulated setting with a responsibility to care for their residents. This duty of care ensures they must not neglect or cause harm to the people under their supervision.
However, there may be instances when the duty of care is breached. In this article, we will explain the concept of duty of care for Aged Care and what to do if your provider has breached their duty of care.
Duty of care is a moral and legal obligation to ensure that no harm or injury is caused to another person or their property. In Aged Care, this means providing essential support to residents to maintain their wellbeing and health. Examples of duty of care in Aged Care include:
Workers and nurses in Aged Care should not cause foreseeable injury or harm, as this will be considered a breach of their duty of care.
All older Australians are entitled to quality care, and it’s their right to be treated with dignity and respect. Although health and safety are prioritised in Aged Care, it is not the only responsibility of Aged Care providers.
The Charter of Aged Care Rights helps residents, carers, and their families better understand the scope of care and services that should be expected from Aged Care Homes. In the charter, residents and their families have a right to:
Aged Care workers are legally responsible under the Aged Care Act 1997 to not cause harm or injury to another person that could be reasonably foreseen. This requires the management of providers to employ capable workers, ensure a clean and safe aged care premise, and maintain quality clinical care.
To ensure older Australians get quality Aged Care, there are two governing bodies that enforce duty of care:
Duty of care applies to all Home Care and Aged Care workers, and anyone working in the industry. They must comply with the rules and safety standards, regardless if it’s in a client’s home, community care centres, or aged care homes.
Examples of Aged Care workers include:
Most Aged Care providers are highly monitored and regulated. However, breaches of duty of care still exist. It’s important to understand what circumstances are considered a breach and what to do in such situations.
For example, if an Aged Care Home has neglected to repair a stair in the home, which caused a fall, or if they have failed to update carers on their loved one’s health condition, then it would be considered a breach of their duty of care. If you think your Aged Cafe provider has breached their duty of care, you can raise a complaint to your service provider or contact the Aged Care Quality and Safety Commission for further investigation.
Understanding duty of care in Australia can be confusing, and you should seek support from professionals who understand the Aged Care industry when in doubt.
CareAbout helps carers and find supports and navigate the various available Home Care and Aged Care options. For experienced help with understanding Aged Care providers, contact our team for a FREE, personalised discussion.