CARER RECOGNITION BILL 2010

i Carer Recognition Bill 2010 No. , 2010

Contents

Part 1--Preliminary

1 Short

title

...........................................................................................

2 Commencement

.................................................................................

Object of Act ...................................................................................... 2

4 Definitions

.........................................................................................

5 Meaning

carer ............................................................................... 3

Part 2--The Statement for Australia's Carers

The Statement for Australia's Carers ................................................. 4

Part 3--Obligations of public service agencies and associated

providers

Obligations of all public service agencies .......................................... 5

Additional obligations of public service care agencies ...................... 5

Obligations of associated providers ................................................... 5

Part 4--Other matters

Act does not create legally enforceable obligations etc. .................... 7

Act not intended to exclude similar State or Territory laws .............. 7

12 Regulations

........................................................................................

Schedule 1--The Statement for Australia's Carers

Carer Recognition Bill 2010 No. , 2010 1

A Bill for an Act to provide for the recognition of

carers, and for related purposes

The Parliament of Australia enacts:

Part 1--Preliminary

1 Short title

This Act may be cited as the Carer Recognition Act 2010.

2 Commencement

This Act commences on the day this Act receives the Royal

Assent.

Part 1 Preliminary

Section 3

2 Carer Recognition Bill 2010 No. , 2010

3 Object of Act

The object of this Act is to increase recognition and awareness of

carers and to acknowledge the valuable contribution they make to

society.

4 Definitions

(1) In this Act:

agent includes a contractor.

annual report, in relation to a public service care agency, means

an annual report relating to the activities of the agency that is

required by a provision of the Public Service Act 1999, or by a

provision of another Act that establishes the agency.

associated provider has the meaning given by subsection (2).

carer: see section 5.

care supports means policies, programs or services directed to

carers or the persons for whom they care.

public service agency means an Agency within the meaning of the

Public Service Act 1999.

public service care agency means a public service agency that is

responsible for the development, implementation, provision or

evaluation of care supports.

reporting period, in relation to a public service care agency, means

a period of 12 months to which an annual report of the agency

relates.

Statement for Australia's Carers: see section 6.

(2) 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):

(a) the first entity is an associated provider in relation to the

funded activities; and

Preliminary Part 1

Section 5

Carer Recognition Bill 2010 No. , 2010 3

(b) 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).

(3) 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.

5 Meaning of carer

(1) 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:

(a) has a disability; or

(b) has a medical condition (including a terminal or chronic

illness); or

(d) is frail and aged.

(2) An individual is not a carer in respect of care, support and

assistance he or she provides:

(a) under a contract of service or a contract for the provision of

services; or

(b) in the course of doing voluntary work for a charitable,

welfare or community organisation; or

training.

(3) To avoid doubt, an individual is not a carer merely because he or

she:

(a) is the spouse, de facto partner, parent, child or other relative

of an individual, or is the guardian of an individual; or

(b) lives with an individual who requires care.

Obligations of public service agencies and associated providers Part 3

Section 7

Carer Recognition Bill 2010 No. , 2010 5

Part 3--Obligations of public service agencies and

associated providers

7 Obligations of all public service agencies

(1) 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.

(2) 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.

8 Additional obligations of public service care agencies

(1) 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.

(2) Each public service care agency is to consult carers, or bodies that

represent carers, when developing or evaluating care supports.

(3) 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.

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

agency, to:

(a) the first full reporting period of the agency that starts on or

after the commencement of this Act; and

(b) all subsequent reporting periods of the agency.

9 Obligations of associated providers

Each associated provider is to take all practicable measures to

ensure that:

Part 3 Obligations of public service agencies and associated providers

Section 9

6 Carer Recognition Bill 2010 No. , 2010

(a) its officers, employees and agents have an awareness and

understanding of the Statement for Australia's Carers; and

(b) it, and its officers, employees and agents, take action to

reflect the principles of the Statement in developing,

implementing, providing or evaluating care supports.

Other matters Part 4

Section 10

Carer Recognition Bill 2010 No. , 2010 7

Part 4--Other matters

10 Act does not create legally enforceable obligations etc.

(1) This Act does not create rights or duties that are legally

enforceable in judicial or other proceedings.

(2) 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.

(3) 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.

11 Act not intended to exclude similar State or Territory laws

This Act is not intended to apply to the exclusion of any law of a

State or Territory that establishes a Carers Charter (however

described), or that otherwise provides for the recognition of carers.

12 Regulations

The Governor-General may make regulations prescribing matters:

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or

giving effect to this Act.

Schedule 1 The Statement for Australia's Carers

8 Carer Recognition Bill 2010 No. , 2010

Schedule 1--The Statement for Australia's

Carers

Note: See

section

1 All carers should have the same rights, choices and opportunities

as other Australians, regardless of age, race, sex, disability,

sexuality, religious or political beliefs, Aboriginal or Torres Strait

Islander heritage, cultural or linguistic differences, socioeconomic

status or locality.

2 Children and young people who are carers should have the same

rights as all children and young people and should be supported to

reach their full potential.

3 The valuable social and economic contribution that carers make to

society should be recognised and supported.

4 Carers should be supported to enjoy optimum health and social

wellbeing and to participate in family, social and community life.

5 Carers should be acknowledged as individuals with their own

needs within and beyond the caring role.

6 The relationship between carers and the persons for whom they

care should be recognised and respected.

7 Carers should be considered as partners with other care providers

in the provision of care, acknowledging the unique knowledge and

experience of carers.

8 Carers should be treated with dignity and respect.

9 Carers should be supported to achieve greater economic wellbeing

and sustainability and, where appropriate, should have

opportunities to participate in employment and education.

10 Support for carers should be timely, responsive, appropriate and

accessible.

Commonwealth of Australia Bills

CARER RECOGNITION BILL 2010