Balancing Duty of Care and Dignity of Risk in Disability Support
With the NDIS promoting choice and control, disability support providers must carefully balance duty of care and dignity of risk. This balance ensures people can make independent choices while staying safe.
But what do these terms mean, and how do we navigate them effectively?
What is Duty of Care?
Duty of care is a legal obligation requiring disability support providers, caregivers, and organisations to take reasonable steps to prevent harm. However, this does not mean restricting a person’s freedom to make choices.
Support workers and carers must step in when there is a serious risk of:
- Death or severe injury (including suicide)
- Permanent disability
- Legal incapacity (as determined by guardianship orders)
- Harm to others
While safety is essential, overprotection can limit personal growth and autonomy. The key is to intervene only when absolutely necessary.
What is Dignity of Risk?
Dignity of risk is the right of every person, including those with disabilities, to make their own decisions, even if those decisions involve risk. Growth, learning, and independence come from real-life experiences, and risk is a natural part of life.
For example, just as an able-bodied person has the freedom to smoke, a person with a disability has that same right—unless a legal guardian determines otherwise. Respecting personal choice is essential to fostering independence and self-determination.
How to Balance Duty of Care and Dignity of Risk?
Striking the right balance between safety and independence can be challenging. Here are key questions to consider before intervening:
✅ Does the decision pose a serious risk of harm?
✅ Is the individual legally capable of making this choice?
✅ Can we provide support and education instead of restrictions?
At Interchange, empowerment is our priority. Our goal is not to control lives but to help people live their best lives—safely and with dignity.
Learn More About Supporting Choice and Safety
Want to better understand how to apply duty of care and dignity of risk in disability support? Contact Interchange today to find out how we empower people while ensuring their well-being.