Duty of care is often used as a legal term and most people would be aware of their duty of care in regards to occupational health and safety. However, duty of care applies to a range of situations and can be briefly described as an obligation that a sensible person would have in the circumstances when acting toward others and the public. If the actions of a person are not made with care, attention, caution, and prudence, their actions are considered negligent.
Some of the areas where you may encounter duty of care
Advice
Advice to job seekers and employers can be given orally or in writing but care must be taken to ensure that the person has understood the information. This means taking into account personal barriers such as language and literacy.
If a query is outside your expertise, it is important the person is directed to an appropriate source. For example, if an employer asks you about claiming a tax deduction for the purchase of office equipment for a new employee with disability, you would advise them to see an accountant or tax agent if this is not your area of expertise.
Occupational health and safety
Duty of care for occupational health and safety is the responsibility of all parties. As a service provider, your duty of care for occupational health and safety is to provide a safe working environment for your staff and clients. You also need to make employers and job seekers aware of their duty of care. For more information about safety in general, see:
Privacy
As a service provider, you need to be aware that information a job seeker tells you may be protected by privacy laws and you may need their permission to tell an employer or other parties.
Where there is conflict between privacy and duty of care, generally your duty of care is restricted to actions which do not breach privacy laws. For more information about privacy in general, see:
More information?
Read more about duty of care and occupational health and safety on the Australian Safety and Compensation Council web site (see Related Links).