Carers Recognition Act 2012

recognise, promote and value the role of people in care relationships; and

recognise the different needs of persons in care relationships; and

support and recognise that care relationships bring benefits to the persons in the care relationship and to the community; and

enact care relationship principles to promote understanding of the significance of care relationships.

Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

If a provision of this Act does not come into operation before 1 July 2012, it comes into operation on that day.

a public service body within the meaning of the Public Administration Act 2004; or

a council within the meaning of the Local Government Act 2020; or

an entity established by or under an Act for a public purpose—

For the purposes of this Act, a person is in a care relationship if he or she provides another person, or receives from another person, care because one of the persons in the relationship—

has a disability; or

is older; or

has a mental illness; or

has an ongoing medical condition (including a terminal or chronic illness or dementia).

Despite subsection (1), the following relationships are also care relationships for the purposes of this Act—

a relationship where an individual has custody and guardianship of a child under a permanent care order made under Part 4.10 of the Children, Youth and Families Act 2005; and

a relationship where a child is placed with an individual who provides care to that child under a child care agreement made under Part 3.5 of the Children, Youth and Families Act 2005; and

a relationship where a child is placed with an individual who provides care to that child under a protection order made under Part 4.9 of the Children, Youth and Families Act 2005.

For the purposes of this Act, a person is not in a care relationship with another person merely because he or she—

is the spouse, or the domestic partner within the meaning of the Children, Youth and Families Act 2005, of the other person; or

is the parent, child or other relative of the other person; or

lives with the other person.

Despite anything to the contrary in this section, a person is not in a care relationship for the purposes of this Act if he or she provides care to another person—

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

under an employment contract; or

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

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

A person described in subsection (1) or (2) may be in a care relationship even if the person receives funding from either the Commonwealth or State Government in relation to carrying out the role of a carer.

This Act applies to—

public service care agencies; and

funded care agencies; and

any person or body that has entered into a contract or funding arrangement with a funded care agency to undertake all or part of the funded care agency's responsibilities in relation to the provision of programs or services that directly impact on carers and the persons for whom they care, but only in relation to those activities; and

any person, or class of person, or body that is prescribed by the regulations.

Despite subsection (1), this Act does not apply to—

family day care services within the meaning of the Education and Care Services National Law Act 2010;

children's services within the meaning of the Children's Services Act 1996;

children's services within the meaning of the Education and Care Services National Law Act 2010;

education and care services within the meaning of the Education and Care Services National Law Act 2010;

preschool programs within the meaning of the Education and Care Services National Law Act 2010;

Government and non-Government schools within the meaning of the Education and Training Reform Act 2006.

be respected and recognised—

as an individual with his or her own needs; and

as a carer; and

as someone with special knowledge of the person in his or her care; and

be supported as an individual and as a carer, including during changes to the care relationship; and

be recognised for his or her efforts and dedication as a carer and for the social and economic contribution to the whole community arising from his or her role as a carer; and

if appropriate, have his or her views and cultural identity taken into account, together with the views, cultural identity, needs and best interests of the person for whom he or she is a carer, in matters relating to the care relationship, including when decisions are made that impact on the carer and the care relationship; and

have his or her social wellbeing and health recognised in matters relating to the care relationship; and

have the effect of his or her role as a carer on his or her participation in employment and education recognised and considered in decision making.

be respected, recognised and supported as an individual and as a person in a care relationship, including during changes to the care relationship; and

have his or her views taken into account, together with his or her needs, cultural identity and best interests, in how he or she is cared for; and

have his or her changing needs considered and taken into account in how he or she is cared for.

have his or her care relationship respected and honoured; and

if appropriate, have his or her views considered in the assessment, planning, delivery, management and review of services affecting him or her and the care relationship.

A care support organisation must—

take all practicable measures to ensure that its employees and agents have an awareness and understanding of the care relationship principles; and

take all practicable measures to ensure that persons who are in care relationships and who are receiving services in relation to the care relationship from the care support organisation have an awareness and understanding of the care relationship principles; and

take all practicable measures to ensure that the care support organisation and its employees and agents reflect the care relationship principles in developing, providing or evaluating support and assistance for persons in care relationships.

Nothing in this section creates any obligation on a care support organisation to provide funding or services to persons in care relationships.

Despite anything to the contrary in any other Act, a care support organisation must prepare a report on its compliance with its obligations under section 11.

A report required under this section must—

be included in the care support organisation's annual report; and

relate to the period to which the annual report relates; and

include any additional information required by the regulations.