Aged Care Blog

What is duty of care in aged care?

What is duty of care in aged care?

First published: November 2024

Duty of care in aged care is the legal and moral obligation and responsibility an aged care worker has, to ensure the physical and emotional safety of residents in their care. Alongside being legally and ethically sound, this encompasses providing a high-quality level of care that meets the clients needs, keeping in mind their right to choice. All clinical and non-clinical employees must work together to holistically provide a people-centred approach to care, which protects the vulnerable members of our society.

Where can I find the duty of care in aged care?

The aged care industry has multiple governing bodies overseeing the laws and regulations that affect the sector, one of which being the Code of Conduct for Aged Care set out by the Aged Care Quality and Safety Commission. This states how everyone that is part of the sector must behave and treat people receiving aged care.

The codes three aims are:

  • To support a person’s right to personal choice, dignity and respectcode of conduct for aged care
  • To promote kind, honest and respectful behaviour
  • To keep people receiving aged care safe from harm

The eight elements of behaviour that apply to all aged care personnel are:

  1. Act with respect for people’s rights to freedom of expression, self-determination and decision making in accordance with applicable laws and conventions.
  2. Act in a way that treats people with dignity and respect, and values their diversity
  3. Act with respect for the privacy of people.
  4. Provide care, supports and services safely and competently, with care and skill.
  5. Act with integrity, honesty and transparency.
  6. Promptly take steps to raise and act on concerns about matters that may impact the quality and safety of care, support and services.
  7. Provide care, supports and services free from all forms of violence, discrimination, exploitation, neglect, abuse and sexual misconduct.
  8. Take all reasonable steps to prevent and respond to all forms of violence, discrimination, exploitation, neglect, abuse and sexual misconduct.

All aged care providers have an obligation to provide their employees with training on the duty of care. You can contact your union of governing body for more information.

What are my rights as a resident regarding the duty of care in aged care?

The Charter of Aged Care Rights applies to all who receive government subsidised aged care services. These 14 statements protect those in aged care, so they have a right to:

charter of aged care rights

  1. Safe and high-quality care and services
  2. Be treated with dignity and respect
  3. Have my identity, culture and diversity valued and supported
  4. Live without abuse and neglect
  5. Be informed about my care and services in a way I understand
  6. Access all information about myself, including information about my rights, care and services
  7. Have control over and make choices about my care and personal and social life, including where the choices involve personal risk
  8. Have control over, and make decisions about, the personal aspects of my daily life, financial affairs and possessions
  9. My independence
  10. Be listened to and understood
  11. Have a person of my choice, including an aged care advocate, support me or speak on my behalf
  12. Complain free from reprisal and have my complaints dealt with fairly and promptly
  13. Personal privacy and to have my personal information protected
  14. Exercise my rights without it adversely affecting the way I am treated.

Click the images on the right for downloadable posters that you can hang in your home or workplace.

Examples of duty of care in residential aged care homes

Duty of care is upheld in aged care homes through everyday aged care worker duties and client to employee interactions.

Registered nurse care minutes

As part of the aged care reform roadmap care minutes (the amount of direct care time a resident has with an aged care worker) have increased from 200 to 215 per day between 2023 and 2024 to ensure each resident has enough clinical time for their needs to be met. This must include 44 minutes of direct care per day with a registered nurse, alongside a registered nurse needing to be on site 24/7.

A holistic approach to aged care

A resident’s care plan must not only meet their medical and physical needs but stimulate their interests and fulfill them emotionally. Aged care workers must know their residents inside out, from their background to their interests, hobbies, and family unit.

Listening to resident requests

Each aged care resident must be directly involved in their care. They have a right to know what is happening around them, and to make decisions that relate to their treatment and care plans.

Personal boundaries in aged care

Work role boundaries are put in place to protect not only the employee but also the resident. Sensitive and personal information is to remain confidential and disclosed with the relevant parties only.

Experienced and vetted aged care workers

Working in aged care requires the necessary clinical qualifications and knowledge paired with personal and social skills, and experience. Each aged care worker will undergo checks to ensure their background is clean and they are safe to work with vulnerable people.

How to ensure your aged care workers uphold the duty of care

As part of Sanctuary Recruitments thorough onboarding and compliance process, we ensure each aged care worker who is part of our casual nursing pool has the best intentions for the role they have applied for. Checks are done against their education, work experience and character to ensure we are providing the best nurses for the job.

To hear more about how our aged care recruitment services can benefit your home, or for your next aged care opportunity, contact our team below

Register with us

Looking for a new opportunity
in the aged care sector?

Expert staffing solutions

Need staffing support on a temporary, contract or permanent basis?

Subscribe Here!

Subscribe to our blog!
Aged care blog
What is a home care package?

First published: March 2025 Home care packages are provided under the Home Care Package Program, which is partially subsidised by the government, aiming to care for those needing assistance to remain in their own homes for longer. It was found that 68% of Australians wish to age within their own homes, meaning the demand for…

Can I work in aged care without a certificate?

First published: June 2024 Aged Care is a fruitful industry, and as leaders in the recruitment of aged care professionals in Australia, we often are posed with the question of if you can work in aged care without a relevant certificate. Working in aged care can look different to each person. As it is a…

What skills do you need to work in aged care?

Revised: June 2025 Are you interested in working in aged care? Developing aged care skills is key to becoming a great worker and succeeding in the industry.  Through gaining aged care skills that allow you to interact with residents from a diverse range of backgrounds, deliver quality care and maintain a safe environment, you’ll improve…

On the road to remote care: my journey as a travel nurse in Western Australia

First published: February 2025 Travel nurses experience the unique thrill of packing their bags and spontaneously setting off on a new adventure. When the destination is Western Australia—home to stunning coastlines, vast outback, and a diverse healthcare landscape—the experience becomes something truly unforgettable. At Sanctuary, our contract team specialise in the placement of experienced and…

Aged care pay rise increases in 2025

Revised March 2025 As part of the aged care reform roadmap, a further aged care pay rise has been implemented this year. On 1 January 2025, a 3% increase was added to pay rates for general workers under the Aged Care Award.  Aged care pay rise 2025 breakdown  From 1 January 2025, general workers covered…

The resilience of the aged care industry

First published: October 2023 How to overcome aged care hidden hurdles “The staff were the most vital asset in this situation, the power of the team really shone through during this time” Being part of the world of aged care usually means your general workday is fast-paced and constantly changing, but we often know what…

The true cost of non-compliance in aged care staffing

When we talk about compliance in aged care staffing, the conversation often focuses on regulations, accreditations, audits and minimum ratios. But non-compliance is far more than a box-ticking failure. Its true cost is human, financial, reputational and moral. Understaffing due to lack of compliance isn’t just a workforce issue. It affects quality care and delivery,…

Creating a heartwarming holiday season in aged care

First published: December 2023 The festive season in Residential Aged Care is a time to bring the residents and their families together to celebrate the Christmas period. It may be a new experience for those observing this occasion away from the comfort of their family home, so making sure that everyone feels included in the…

How to become an aged care worker

First published: November 2023, revised April 2024 The aged care industry encompasses the services provided and delivered to care for the elderly population. The Department of Health and Aged Care governs the quality of these services and focuses on continuous improvement and development, with the Aged Care Quality and Safety Commission in charge of government…

What site visits have taught me about continuity of care

By Rhiannon Dhoot, Client Relationship Manager at Sanctuary Recruitment Over the past few months, I’ve had the opportunity to visit aged care homes across Australia and spend time with the people who live and work in them. Every home is different. Some are large, some are small. Some operate under household living models, while others…