11 January 2026

What is Duty of Care in Aged Care?

9 min read

Author: Kerry Ewing | Chief Quality and Clinical Officer

At Estia Health, we exist to enrich and celebrate life together. Our core values – compassion, responsiveness, accountability, respect, and collaboration – guide everything we do. When it comes to duty of care, we take this responsibility seriously, ensuring the rights, dignity, and well-being of our residents are always prioritised.

 

What is duty of care?

Duty of care refers to the legal and ethical obligation of Registered Providers and employees to act in the best interests of residents, protecting them from harm and promoting their well-being. Under the Aged Care Act 2024, this duty is now embedded within a rights-based framework, meaning care must be delivered in a way that upholds each resident’s autonomy, dignity, safety and cultural identity.

 

Your rights

As a resident of an Australian Government-subsidised aged care service, you have the right to:

  1. 1. Receive safe, high-quality care and services
  2. 2. Be treated with dignity and respect
  3. 3. Have your identity, culture and diversity valued
  4. 4. Live free from abuse and neglect
  5. 5. Be informed about your care in a way you understand
  6. 6. Access your personal information
  7. 7. Make choices about your care and lifestyle, including taking personal risks
  8. 8. Manage your daily life, finances and possessions
  9. 9. Maintain independence
  10. 10. Be listened to and understood
  11. 11. Have someone of your choice support or advocate for you
  12. 12. Make complaints without fear of reprisal
  13. 13. Have your privacy and personal information protected
  14. 14. Exercise your rights without negative consequences

 

These rights apply to all forms of aged care and must be upheld by every employee.

 

Duty of care in practice at Estia Health

We uphold our duty of care through various ways, including:  

  • Personalised care and services plans

Every resident is invited to partner with our employees to develop a care and services plan that reflects their personal goals and aspirations.  These plans are regularly reviewed and updated.

  • Qualified and compassionate employees

Our team members are carefully selected, trained and supported to deliver high-quality, person-centred care. All employees undergo police checks and continuous professional development. They also adhere to the Code of Conduct for Aged Care, ensuring respectful and ethical behaviour at all times.

  • Smooth transitions and communication

We ensure seamless communication across teams so that any changes in care are clearly understood and implemented.

  • 24/7 clinical support

A Registered Nurse is always available, ensuring timely clinical attention and peace of mind.

  • Engaging lifestyle programs

We offer activities that promote social connection, mental stimulation and physical wellbeing, tailored to individual interests.

 

Understanding ‘dignity of risk’  

The Aged Care Act 2024  recognises the right of older people to make choices, even when those choices involve personal risk. This principle, known as dignity of risk, is central to our approach. Whether it’s choosing to dance, enjoy a glass of wine, or participate in a new activity, we support residents in living life on their own terms, safely and respectfully.

We’re proud to work with residents and their registered supporters to assess and manage risks collaboratively, ensuring informed decision-making.

 

Breach of duty of care  

A breach occurs when a resident is exposed to harm due to neglect, carelessness or failure to uphold their rights. Such breaches are considered reportable incidents and must be reported to the Aged Care Quality and Safety Commission.

Examples include:

  • Failing to provide adequate medical care, food or hydration
  • Ignoring changes in a resident’s health
  • Disrespecting a resident’s choices or cultural identity

 

All breaches are managed under the Serious Incident Response Scheme (SIRS), with mandatory reporting and follow-up procedures.


It is critically important that you or your loved ones feel safe, secure and respected where they live. If you believe that you or your loved one is being mistreated, please report it to My Aged Care immediately. Where a resident or family member raises such concerns with us, we will also notify the Aged Care Quality and Safety Commission ourselves.  

 

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