The information in this article is general in nature and intended for educational purposes only. It does not constitute professional advice or a commitment from South Yarra Support Services. Please consult relevant professionals for advice specific to your circumstances.
What is Duty of Care in Transportation?
Duty of care is the legal obligation professional support workers have to ensure the safety and wellbeing of their clients during all activities, including transportation. When moving a client from one location to another, this duty extends from the moment you begin assisting them until they're safely settled at their destination.
Understanding your responsibilities isn't just about following rules—it's about ensuring every person in your care gets home safely, maintains their dignity, and receives the appropriate level of support for their individual needs.
Assessing Your Client's Level of Independence
Before any transportation activity, you must assess your client's capabilities and needs. This assessment determines your level of involvement and the safety measures required.
Independent Travelers can navigate transportation with minimal support. They may only need you to arrange transport, provide verbal directions, or offer reassurance. However, your duty of care still requires you to ensure they have the capacity to travel safely, understand the route, and can contact help if needed.
Semi-Independent Travelers require moderate assistance. You might need to accompany them on public transport, help them in and out of vehicles, or provide physical guidance in busy areas. Your presence ensures they don't become disoriented or overwhelmed.
Fully Dependent Travelers need comprehensive support throughout the entire journey. This includes physical assistance with mobility, constant supervision, help with seatbelts or wheelchair restraints, and often communication support to manage anxiety or confusion.
Pre-Transport Responsibilities
Your duty of care begins well before the journey starts. Proper planning is essential to prevent incidents and ensure smooth transportation.
First, review the client's support plan and risk assessment. These documents outline specific mobility needs, medical conditions that might affect travel, communication requirements, and any behavioral considerations. Never assume you know what a client needs—always check their plan.
Conduct a vehicle safety check if you're driving. This means ensuring the vehicle is roadworthy, all safety equipment is functional, wheelchair restraints are secure if applicable, and the vehicle is clean and comfortable. Document any issues immediately.
Prepare for emergencies by confirming you have the client's emergency contact information, any required medications are packed and accessible, you understand their medical alert conditions, and your phone is charged with relevant numbers saved.
Brief the client on the journey, even if they've made this trip before. Explain where you're going, how long it will take, what mode of transport you'll use, and what will happen at each stage. This reduces anxiety and helps the client feel in control.
During Transportation: Your Active Responsibilities
Once the journey begins, your duty of care requires constant awareness and proactive safety management.
Physical Safety is paramount. Ensure seatbelts are worn correctly in accordance with VicRoads safety rules, mobility aids are properly secured, the client is positioned comfortably without risk of falling or sliding, and you're driving defensively with extra caution. Remember, you're responsible not just for getting there, but getting there safely.
Monitoring Wellbeing means watching for signs of discomfort, distress, or medical concerns. Check in regularly with your client. Are they too hot or cold? Do they need a rest stop? Are they showing signs of anxiety or confusion? A simple "How are you feeling?" can prevent a minor issue from becoming a major problem.
Maintaining Dignity is part of your duty of care that's often overlooked. Assist without being condescending, respect the client's preferences and routines, protect their privacy during transfers, and give them as much control as possible over the journey. Just because someone needs physical help doesn't mean they've lost their voice.
Environmental Awareness requires you to stay alert to your surroundings. Navigate safely around obstacles and crowds, be aware of weather conditions affecting mobility, watch for hazards at pickup and dropoff points, and keep the client informed about what's happening around them.
Special Considerations for Different Transport Methods
Private Vehicle Transport requires you to never leave a client unattended in a vehicle, ensure climate control is appropriate, take breaks on long journeys, and secure all doors before moving. If you're transporting a client in their own vehicle, the same duty of care applies as if it were yours.
Public Transport presents unique challenges. You must help the client navigate crowds safely, ensure they're seated securely before the vehicle moves, communicate with drivers about your client's needs if necessary, and stay close enough to provide immediate assistance. Don't assume other passengers will understand your client's needs—you are their advocate.
Taxi or Rideshare Services don't absolve you of duty of care. Stay with the client until they're safely in the vehicle, communicate any special requirements to the driver, ensure the driver understands the destination, and only use this option if it's appropriate for the client's needs and approved in their plan.
Arrival and Handover Procedures
Your duty of care doesn't end when you reach the destination. Safe arrival includes several critical steps.
Assess the environment before exiting the vehicle. Is the area safe? Are there obstacles? Is the entrance accessible? Plan your approach before moving the client.
Assist the client to enter the building or area safely. This might mean accompanying them to the door, helping them inside, or conducting a full handover to another carer. Never leave a client in a vulnerable position.
Complete a proper handover if transferring care. Communicate any incidents or concerns during the journey, confirm the next carer is present and ready, document the transfer time and receiving person, and ensure the client is settled and comfortable before leaving.
If the client is returning home, ensure they're safely inside, confirm they have everything they need, note any changes in their condition, and document your arrival time. Don't rush this final step—many incidents happen because support workers are eager to finish their shift.
Documentation: Protecting Yourself and Your Client
Thorough documentation is a critical part of duty of care. Record departure and arrival times, the route taken and any deviations, any incidents however minor, the client's condition and mood throughout, and assistance provided. This protects both you and your client.
If anything unusual happens—a near miss, a client fall, a medical event, or behavioral incident—document it immediately with facts not assumptions. Note what happened, when it happened, what you did, and any witnesses. Report to your supervisor as required by your organization's policies.
When Things Go Wrong: Incident Management
Despite best efforts, incidents can occur. Your duty of care requires you to respond appropriately.
For medical emergencies, call emergency services immediately if needed, provide first aid if trained, stay with the client and keep them calm, and contact your supervisor and the client's emergency contacts as soon as safe to do so.
For vehicle breakdowns or delays, ensure the client's immediate safety and comfort, contact your organization for assistance, keep the client informed and reassured, and have a backup plan for completion of the journey.
For behavioral incidents, prioritize everyone's safety, use de-escalation techniques from your training, don't take things personally or react emotionally, and seek support from emergency services if the situation escalates beyond your control.
Common Duty of Care Violations to Avoid
Understanding what not to do is as important as knowing best practices. Never leave a client unattended unless explicitly permitted in their care plan, transport a client without proper restraints or seatbelts, use your personal vehicle without proper insurance and approval, transport more clients than your vehicle can safely accommodate, or rush the process to save time.
Never make assumptions about what a client can or cannot do, ignore signs of distress or discomfort, use your phone while driving with a client, or transport a client when you're fatigued or unwell yourself.
Legal and Insurance Implications
Breaching duty of care during transportation can have serious consequences. You could face personal liability if negligence is proven, your organization could be held responsible, insurance may not cover incidents if protocols weren't followed, and you could lose your registration or face criminal charges in serious cases. For more information on coverage, please review our insurance and safety FAQs.
This isn't meant to scare you—it's meant to emphasize how seriously the law takes your responsibilities. Follow your training, trust your judgment, and when in doubt, choose the safer option.
Best Practice Checklist
Before every journey, ask yourself: Have I reviewed the client's support plan? Is the vehicle safe and appropriate? Do I have emergency contacts and medications? Have I briefed the client on the journey? Am I mentally and physically prepared for this task?
During the journey: Am I driving safely and defensively? Is the client comfortable and secure? Am I monitoring their wellbeing? Am I maintaining their dignity? Am I aware of my surroundings?
Upon arrival: Is the environment safe? Have I assisted the client appropriately? Have I completed a proper handover if needed? Have I documented everything? Is the client settled and comfortable?
Final Thoughts
Duty of care in transportation is about more than just getting someone from point A to point B. It's about recognizing that during that journey, you hold responsibility for another person's safety, dignity, and wellbeing. Every decision you make should be guided by the NDIS Code of Conduct: "What would I want for my own family member?"
The best support workers understand that transportation isn't a chore to rush through—it's an opportunity to provide person-centered care in a different setting. Take pride in doing it well. Your clients trust you with their safety. That trust is a privilege that comes with serious responsibility.
Remember: when in doubt, choose safety. Take the extra minute. Make the extra check. Ask the extra question. That's what duty of care means—and that's what makes you a professional support worker.
Related Resources
- NDIS Transport Funding - Official guidelines
- Our transportation services
- Contact us to arrange safe transport