Carer Recognition Act 2010

In this Act:

If a public service care agency enters into a contract or funding arrangement with another person or body (the first entity) for the first entity to develop, implement, provide or evaluate care supports (the funded activities):

the first entity is an associated provider in relation to the funded activities; and

if the first entity enters into a contract or funding arrangement with another person or body (the second entity) for the second entity to undertake all or part of the funded activities—the second entity is an associated provider in relation to the funded activities or the part of the funded activities (as the case requires).

Subsection (2) does not apply to a contract or funding arrangement that a public service care agency, or another person or body, enters into with a State or Territory.

For the purpose of this Act, a carer is an individual who provides personal care, support and assistance to another individual who needs it because that other individual:

has a disability; or

has a medical condition (including a terminal or chronic illness); or

has a mental illness; or

is frail and aged.

An individual is not a carer in respect of care, support and assistance he or she provides:

under a contract of service or a contract for the provision of services; or

in the course of doing voluntary work for a charitable, welfare or community organisation; or

as part of the requirements of a course of education or training.

To avoid doubt, an individual is not a carer merely because he or she:

is the spouse, de facto partner, parent, child or other relative of an individual, or is the guardian of an individual; or

lives with an individual who requires care.

Each public service agency is to take all practicable measures to ensure that its employees and agents have an awareness and understanding of the Statement for Australia’s Carers.

Each public service agency’s internal human resources policies, so far as they may significantly affect an employee’s caring role, are to be developed having due regard to the Statement for Australia’s Carers.

Each public service care agency is to take all practicable measures to ensure that it, and its employees and agents, take action to reflect the principles of the Statement for Australia’s Carers in developing, implementing, providing or evaluating care supports.

Each public service care agency is to consult carers, or bodies that represent carers, when developing or evaluating care supports.

Each public service care agency must prepare a report on its compliance with section 7 and this section in each reporting period. The report must be included in the agency’s annual report for the reporting period.

Subsection (3) applies, in relation to a particular public service care agency, to:

the first full reporting period of the agency that starts on or after the commencement of this Act; and

all subsequent reporting periods of the agency.

its officers, employees and agents have an awareness and understanding of the Statement for Australia’s Carers; and

it, and its officers, employees and agents, take action to reflect the principles of the Statement in developing, implementing, providing or evaluating care supports.

This Act does not create rights or duties that are legally enforceable in judicial or other proceedings.

A failure to comply with this Act does not affect the validity of any decision, and is not a ground for the review or challenge of any decision.

If a public service agency, or an associated provider, is required by another law of the Commonwealth, or by a law of a State or Territory, to consider particular matters, or to comply with particular requirements, in the exercise of its functions or powers, nothing in this Act is to be taken to require the agency, or the associated provider, to act inconsistently with that law.