Term used: carer
5 Term used: carer
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 person with a disability as defined in the Disability Services Act 1993 section 3; or
a person who has a chronic illness, including a mental illness as defined in the Mental Health Act 2014 section 4; or
a person who, because of frailty, requires assistance with carrying out everyday tasks; or
a person of a prescribed class.
However a person is not a carer if he or she —
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
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).
A person is not a carer for the purposes of this Act only because —
the person is a spouse, de facto partner, parent or guardian of the person to whom the care or assistance is being provided; or
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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