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s 5

Term used: carer

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Part 1Preliminary

5 Term used: carer

(1)

Except as provided in subsection (2), a person is a carer for the purposes of this Act if he or she is an individual who provides ongoing care or assistance to —

(a)

a person with a disability as defined in the Disability Services Act 1993 section 3; or

(b)

a person who has a chronic illness, including a mental illness as defined in the Mental Health Act 2014 section 4; or

(c)

a person who, because of frailty, requires assistance with carrying out everyday tasks; or

(d)

a person of a prescribed class.

(2)

However a person is not a carer if he or she —

(a)

provides the care or assistance under a contract for services (other than an agreement entered into under the Disability Services Act 1993 section 25) or a contract of service; or

(b)

provides the care or assistance while doing community work as defined in the Volunteers and Food and Other Donors (Protection from Liability) Act 2002 section 3(1).

(3)

A person is not a carer for the purposes of this Act only because —

(a)

the person is a spouse, de facto partner, parent or guardian of the person to whom the care or assistance is being provided; or

(b)

the person provides care to a child under an arrangement with the chief executive officer of the department principally assisting the Minister administering the Child Welfare Act 1947 2 in the administration of that Act.

[Section 5 amended: No. 53 of 2006 s. 12(1); No. 25 of 2014 s. 37.]

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