NSW Australian Consumer Law - Is Home Care Responsible for Worker's Behaviour?

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Wombat 52

Member
16 December 2016
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I suffer from severe depression and I get home care once a week. When my rental became vacant, my home care worker highly recommended her niece for the house and verbally said that if anything went wrong that we wouldn't be out of pocket over the next two years. She kept telling me that she was looking after the place when the niece stopped paying rent and we had to get her evicted and got access to our rental. The total damage bill was 20,000.

The home care worker has walked away saying she is not responsible yet iI have been told the tenant did this in every house she ever lived in.

Under Australian Consumer Law, is the home care in any way responsible for what this worker has done?

It has really affected me.
 

Rod

Lawyer
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27 May 2014
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Sounds like a misrepresentation by the care worker if she knows her niece destroys houses. For $20,000 it may be worth seeking some legal aid.

I'm not convinced the home care owes you a duty of care re: housing loss but it is worth exploring. The niece is also responsible and you should try for an action against her as well. Depending on when the damage occurred in that time, whoever was responsible for regular inspections may also have contributory negligence.

Recommend seeing a lawyer.