Duty of care - glossary

A duty of care is an obligation to take reasonable care not to cause harm that is reasonably foreseeable to another person. Under the Point to Point Transport Act providers of passenger services and booking service providers have a duty of care to ensure the health and safety of drivers, passengers and other people in connection with the provision of their services.

Drivers also have a duty of care to ensure that they are taking reasonable care for themselves and others, and that they comply with any reasonable policies or instructions of booking service providers or providers of passenger services.

For example, if you are an affiliated taxi service provider, you have a duty of care to the driver and the driver’s passengers to ensure that the taxi used to provide services is safe. If you know (or ought to know) that your taxi is used in situations where there is a risk of the driver being exposed to violence, then you have a duty of care to ensure that security equipment (eg. cameras, duress alarms, vehicle tracking devices) is working and able to be used, and that the driver knows how to use the equipment properly.