Supporting Disability Support Workers - Workbook - IDEASWA

Proof of negligence is required to prove that someone breached theirduty of care to another person. To win a negligence case, the followingmust be proven:1. That the person owed you a duty of care2. That the person did something, or failed to do something, that areasonable person would have done in the same circumstances, and3. That you suffered harm or loss because of something they did orfailed to do.The decision of negligence is decided in court.If a Disability Support Worker owes someone a duty of care, this meansthey can take reasonable steps to ensure that the person does not cometo harm or loss, but it does not mean taking away their basic humanrights or freedoms. The role of the Disability Support Worker should beto explain all of the dangers and risks associated with the decision andto show alternatives to prevent unreasonable danger. If the person isable to make an informed decision, knows and understands all of therisks and dangers involved, the Disability Support Worker cannot stopthem from partaking in the activity unless they have the legal authorityto do so. The role of the Disability Support Worker in any situation thatcan result in harm, injury or loss to another person would be to explainthe situation they are in to their coordinator and gain some guidancefrom them. For any decisions made, the Disability Support Workershould remember their duty of care and be aware of participating in anyactivities that can result in harm or loss. Strategies to ensure thatinformed decisions are made include; Identifying an activity Investigating the potential dangers involved in participating in theactivity Clearly explaining to the person they support all of the dangersinvolved Identify the consequences of the person going through with theirdecision Informing your coordinator of what you have done, immediately bytelephone and in writing.Supporting Disability Support Workers 50