4. LEGAL REQUIREMENTS DUTY OF CARE PRINCIPLE
People who work with vulnerable people,
particularly children, youths and adults within
community service organisations, have a primary
responsibility to support and protect them
We have particular legal and ethical
responsibilities to safeguard vulnerable people’s
rights and interest and in particular to children
and young people.
5. LEGAL REQUIREMENTS - DUTY OF CARE
PRINCIPLE
There is also a very important legal obligation
that you have as a person who works in
community service organisations and this is
called “duty of care”
6. Activity 1
Write down a situation where a duty of care
situation would apply, using the following
listings as a guide * Parent/playgroup
* Child arriving at daycare
* Parent picking up a child after closing
hours
* Child with a temperature....
7. LEGAL REQUIREMENTS - DUTY OF CARE
PRINCIPLE
Duty of Care is a requirement that a person act
toward others and the public with the
watchfulness, attention and caution that a
reasonable person in the circumstances would
use
If a person’s actions do not meet this standard of
care, then acts are considered negligent, and any
damages resulting may be claimed in a lawsuit
for negligence.
8. LEGAL REQUIREMENTS - DUTY OF CARE
PRINCIPLE
An example would be when you are driving
passengers in your car. You need to make sure
that you are driving safely and following road
rules
This duty of care principle also operates at your
school or TAFE environment
9. LEGAL REQUIREMENTS - DUTY OF CARE
PRINCIPLE
Reasonable care
This suggests that the law does not
expect perfect care. The standard of
care expected of you is the standard
that a reasonable person with the
same experience and training would
provide.
10. LEGAL REQUIREMENTS - DUTY OF CARE
PRINCIPLE
What is reasonable care?
A reasonable worker or organisation does things
according to:
Relevant
policies and regulations
Reasonable and lawful instructions
Their skills, training, duties and job description
Commonsense
You should be getting a basic understanding of
why your legal and ethical obligations are so
important.
11. LEGAL REQUIREMENTS - DUTY OF CARE
PRINCIPLE
Fulfilling your duty of care means thinking ahead
You need to consider what your legal obligations
and professional or ethical responsibilities suggest
you do in any particular situation.
This is where your practices must include working ethically and abiding by the code of
conduct within your job role.
12. LEGAL REQUIREMENTS - DUTY OF CARE
PRINCIPLE
So, you need to:
Always consult with another worker or your
supervisor about the particular situation if you
are not sure of what to do. Even if you are
confident, it is a good idea to check with your
supervisor and confirm your plan of action.
13. LEGAL REQUIREMENTS - DUTY OF CARE
PRINCIPLE
Plan what you want and hope it will occur
Prepare according to this plan
Predict what may go wrong or differently to the
plan
Prepare for these possibilities (within reason)
14. LEGAL REQUIREMENTS - DUTY OF CARE
PRINCIPLE
In any situation ask yourself;
What do I think are reasonable steps to take?
What do my co-workers and management feel is
reasonable?
What does the law/regulations say I should do?
What are my organisation’s guidelines?
15. Activity 3
When you wrote down a situation where duty
of care situation would apply (activity 1) –
now, look up the
Guide to the Education and Care Services
National Law and the Education and Care
Services National Regulations on your iPads
to find the relevant section
Discuss.
16. LEGAL REQUIREMENTS - DUTY OF CARE
PRINCIPLE
Activity 4 Role play scenarios – students to split into 3
groups
1) A mother comes to pick up her child. You can smell alcohol
on her breath and she appears to be unable to walk properly.
Her speech is slurred. It is the end of the day and there is one
other worker with you.
2) A child has a high fever and the parent has been rung.
However, it is now an hour later and the parent has not yet
arrived to pick up the child.
3) A member of staff has arrived at work very upset. You ask
her whether she wants to go home but she is adamant that
she is alright. What do you do?
Ask yourselves the follow questions when
completing this activity.
What do I think are reasonable steps to take?
What do my co-workers and management feel is reasonable?
What does the law say I should do?
