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This Act may be cited as the Carers Recognition Act 2004 1.
This Act comes into operation on a day fixed by proclamation 1.
The object of this Act is —
to recognise the role of carers in the community; and
to provide a mechanism for the involvement of carers in the provision of services that impact on carers and the role of carers.
In this Act, unless the contrary intention appears —
applicable organisation means a person or body specified in, or prescribed under, Schedule 2;
carer has the meaning given to that term in section 5;
Carers Charter means the Western Australian Carers Charter set out in Schedule 1;
Council means the Carers Advisory Council referred to in section 8(1);
public sector body has the meaning given to that term in the Public Sector Management Act 1994 section 3(1);
reporting organisation means a person or body specified in, or prescribed under, Schedule 2 Division 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 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.]
Subject to any other written law, an applicable organisation must take all practicable measures to ensure that the organisation and its officers, employees or agents comply with the Carers Charter in providing a service of that organisation.
Without limiting subsection (1), an applicable organisation that is a public sector body must involve carers, or persons or bodies that represent carers, in any —
policy or program development; or
strategic or operational planning,
that might affect carers and the role of carers.
As soon as practicable after each 1 July and not later than 30 September, a reporting organisation must prepare and deliver to the Council a report on —
the performance of the organisation’s obligations under this Act; and
the organisation’s compliance or non‑compliance with this Act; and
the organisation’s compliance or non‑compliance with the Carers Charter; and
the compliance or non‑compliance with the Carers Charter of any person or body providing a service to others under a contract with the organisation,
during the year that ended on the preceding 30 June.
The report must include —
if the organisation is a public sector body, details of the organisation’s compliance or non‑compliance with section 6(2); and
any other specific information prescribed by the regulations.
A reporting organisation may at any time report to the Council on any matter relating to the operation of this Act.
A reporting organisation must ensure that a report under this section is made available to the public by publication in the prescribed manner.
The Minister is to appoint no more than 10 persons who have knowledge of, and experience in, matters relevant to carers to be the members of a body called the Carers Advisory Council.
In appointing the members the Minister is to ensure that they are chosen so as to reflect the interests of carers.
Before appointing a person under subsection (1), the Minister is to consult with —
the Minister administering the Disability Services Act 1993; and
the Minister administering the Health Services Act 2016.
[Section 8 amended: No. 11 of 2016 s. 286(2).]
The functions of the Council are —
to work to advance the interests of carers and promote compliance by applicable organisations with the Carers Charter; and
to make recommendations to the Minister on fostering compliance by applicable organisations with the Carers Charter; and
to provide general advice to the Minister on matters relating to carers; and
to carry out other functions as directed by the Minister.
The Council may, in writing, request a reporting organisation to provide any information relevant to the exercise of the Council’s functions.
A reporting organisation must, as far as practicable, comply with a request under subsection (2) unless the organisation is expressly prohibited from doing so under another written law.
As soon as practicable in each year, and whenever directed by the Minister to do so, the Council must prepare and deliver to the Minister a report on —
the performance by reporting organisations of their obligations under this Act; and
compliance or non‑compliance by reporting organisations with this Act; and
compliance or non‑compliance by reporting organisations with the Carers Charter,
during the year which ended on the preceding 30 June.
The report must include —
details on the compliance or non‑compliance with section 6(2) by reporting organisations that are public sector bodies; and
any other information prescribed by the regulations.
The Minister must cause the report received under subsection (1) to be laid before each House of Parliament within 14 sitting days of that House after the Minister receives it.
The Council has all the powers it needs to perform its functions.
The Minister may give written directions to the Council with respect to the performance of its functions, either generally or in relation to a particular matter, and the Council is to give effect to any such direction.
The Minister must cause the text of any direction given under subsection (1) to be laid before each House of Parliament, or dealt with under subsection (3), within 14 days after the direction is given.
If —
at the commencement of the period referred to in subsection (2) a House of Parliament is not sitting; and
the Minister is of the opinion that that House will not sit during that period,
the Minister is to transmit a copy of the direction to the Clerk of that House.
A copy of a direction transmitted to the Clerk of a House is to be regarded as having been laid before that House.
The laying of a copy of a direction that is regarded as having occurred under subsection (4) is to be recorded in the Minutes, or Votes and Proceedings, of the House on the first sitting day of the House after the Clerk received the copy.
The text of a direction given under subsection (1) is to be included in the annual report submitted by the accountable authority of the department under the Financial Management Act 2006 Part 5.
In subsection (6) —
department means the department principally assisting the Minister in the administration of this Act.
[Section 12 amended: No. 5 of 2005 s. 36; No. 77 of 2006 Sch. 1 cl. 18.]