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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Carers (Recognition) Bill 2010
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Objects of Act 2
4 Definitions 2
5 Meaning of "carer" 3
Part 2 NSW Carers Charter
6 Charter for recognition of carers 4
7 Obligations of public sector agencies 4
8 Additional obligations of human service agencies 4
9 Legal rights not affected 4
Part 3 Carers Advisory Council
10 Establishment of Carers Advisory Council 5
b2010-040-42.d15
Carers (Recognition) Bill 2010
Contents
Page
11 Membership and procedure of Carers Advisory Council 5
12 Functions of Carers Advisory Council 5
Part 4 Miscellaneous
13 Regulations 6
14 Transitional provision 6
15 Review of Act 6
Schedule 1 NSW Carers Charter 7
Contents page 2
This public bill which originated in the Legislative Assembly, has passed and is
now ready for presentation to the Legislative Council for its concurrence.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2010
New South Wales
Carers (Recognition) Bill 2010
Act No , 2010
An Act to provide for the recognition of carers; and for other purposes.
EXAMINED
Assistant Speaker
Clause 1 Carers (Recognition) Bill 2010
Part 1 Preliminary
The Legislature of New South Wales enacts: 1
Part 1 Preliminary 2
1 Name of Act 3
This Act is the Carers (Recognition) Act 2010. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
3 Objects of Act 7
The objects of this Act are: 8
(a) to enact a Carers Charter to recognise the role and contribution of 9
carers to our community and to the people they care for, and 10
(b) to increase the awareness of the valuable contribution that carers 11
make to our community. 12
4 Definitions 13
In this Act: 14
carer--see section 5. 15
exercise a function includes perform a duty. 16
function includes a power, authority or duty. 17
human service agency means a public sector agency that provides 18
services directed at carers or persons being cared for by carers. 19
NSW Carers Charter means the Charter set out in Schedule 1. 20
parent, of another person, includes a person who has been allocated 21
parental responsibility or has care responsibility for the other person 22
under the Children and Young Persons (Care and Protection) Act 1998. 23
public sector agency means any of the following: 24
(a) a Division of the Government Service, 25
(b) an area health service or statutory health corporation (within the 26
meaning of the Health Services Act 1997), 27
(c) the NSW Police Force, 28
(d) a NSW Government agency or other authority of the State, 29
(e) a local council, 30
(f) a State owned corporation, 31
(g) any other person or body that is prescribed by the regulations for 32
the purposes of this definition. 33
Page 2
Carers (Recognition) Bill 2010 Clause 5
Preliminary Part 1
reporting period, for a human service agency, means a period of 1
12 months to which an annual report of the agency relates. 2
5 Meaning of "carer" 3
(1) For the purposes of this Act, a person is a carer if the person is an 4
individual who provides ongoing personal care, support and assistance 5
to any other individual who needs it because that other individual: 6
(a) is in the target group (as referred to in section 5 (1) of the 7
Disability Services Act 1993), or 8
(b) has a medical condition (including a terminal or chronic illness), 9
or 10
(c) has a mental illness, or 11
(d) is frail and aged. 12
(2) Despite subsection (1), a person is not a carer for the purposes of this 13
Act in respect of care, support and assistance that the person provides: 14
(a) under a contract of service or a contract for the provision of 15
services, or 16
(b) in the course of doing voluntary work for a charitable, welfare or 17
community organisation, or 18
(c) as part of the requirements of a course of education or training. 19
(3) To avoid doubt, a person is not a carer of another person for the 20
purposes of this Act merely because the person: 21
(a) is the spouse or de facto partner of the person, or 22
(b) is the parent, guardian, child or other relative of the other person, 23
or 24
(c) lives with the other person. 25
Page 3
Clause 6 Carers (Recognition) Bill 2010
Part 2 NSW Carers Charter
Part 2 NSW Carers Charter 1
6 Charter for recognition of carers 2
The NSW Carers Charter is set out in Schedule 1. 3
7 Obligations of public sector agencies 4
(1) A public sector agency must take all reasonable steps to ensure that the 5
members of staff and agents of the agency have an awareness and 6
understanding of the NSW Carers Charter. 7
(2) A public sector agency must consult with such bodies representing 8
carers as the agency considers appropriate when developing policies 9
that impact on carers. 10
(3) A public sector agency's internal human resources policies, so far as 11
they may significantly affect the role of a member of staff of the agency 12
as a carer, are to be developed having due regard to the NSW Carers 13
Charter. 14
8 Additional obligations of human service agencies 15
(1) A human service agency must take all reasonable steps to ensure that the 16
agency, and the members of staff and agents of the agency, take action 17
to reflect the principles of the NSW Carers Charter. 18
(2) A human service agency must prepare a report on its compliance with 19
this Act in each reporting period. The report must be included in the 20
agency's annual report for the reporting period. 21
9 Legal rights not affected 22
(1) Nothing in this Act gives rise to, or can be taken into account in, any 23
civil cause of action, and without limiting the generality of the 24
foregoing, nothing in this Act: 25
(a) operates to create in any person any legal rights not in existence 26
before the enactment of this Act, or 27
(b) affects the validity, or provides grounds for review, of any 28
judicial or administrative act or omission. 29
(2) If a public sector agency is required by another law to consider 30
particular matters, or to comply with particular requirements, in the 31
exercise of its functions, nothing in this Act is to be taken to require the 32
agency to act inconsistently with that law. 33
Page 4
Carers (Recognition) Bill 2010 Clause 10
Carers Advisory Council Part 3
Part 3 Carers Advisory Council 1
10 Establishment of Carers Advisory Council 2
There is established by this Act a Carers Advisory Council. 3
11 Membership and procedure of Carers Advisory Council 4
(1) The Carers Advisory Council is to consist of the following members: 5
(a) the Minister administering this Act, 6
(b) such other Ministers who, in the opinion of the Minister 7
administering this Act, are responsible for the provision of key 8
support services to carers, 9
(c) persons appointed as members by the Minister administering this 10
Act who, in the opinion of the Minister, have relevant knowledge 11
of and experience in matters relevant to carers. 12
(2) The Minister is to ensure when appointing members to the Carers 13
Advisory Council that the majority of members on the Council are 14
persons who the Minister considers are primary carers. 15
(3) Meetings of the Carers Advisory Council are to be co-chaired by the 16
members of the Council who are Ministers. 17
(4) Subject to this section, the Minister may determine the term of office 18
and remuneration of members and the procedure of the Carers Advisory 19
Council, including the procedure for the appointment of deputies of 20
members. 21
12 Functions of Carers Advisory Council 22
The Carers Advisory Council has the following functions: 23
(a) to advance the interests of carers, 24
(b) to review and make recommendations to the Minister on any 25
legislative or policy proposal, or any other matter, relating to 26
carers referred to the Carers Advisory Council by the Minister, 27
(c) to carry out such other functions relating to carers as may be 28
directed by the Minister. 29
Page 5
Clause 13 Carers (Recognition) Bill 2010
Part 4 Miscellaneous
Part 4 Miscellaneous 1
13 Regulations 2
(1) The Governor may make regulations, not inconsistent with this Act, for 3
or with respect to any matter that by this Act is required or permitted to 4
be prescribed or that is necessary or convenient to be prescribed for 5
carrying out or giving effect to this Act. 6
(2) The regulations may contain provisions of a savings or transitional 7
nature consequent on the enactment of this Act. 8
14 Transitional provision 9
Section 8 (2) does not apply to a reporting period of a human service 10
agency that commenced before the commencement of this Act. 11
15 Review of Act 12
(1) The Minister is to review this Act to determine whether the policy 13
objectives of the Act remain valid and whether the terms of the Act 14
remain appropriate for securing those objectives. 15
(2) The review is to be undertaken as soon as possible after the period of 16
5 years from the date of assent to this Act. 17
(3) A report on the outcome of the review is to be tabled in each House of 18
Parliament within 12 months after the end of the period of 5 years. 19
Page 6
Carers (Recognition) Bill 2010
NSW Carers Charter Schedule 1
Schedule 1 NSW Carers Charter 1
(Section 6) 2
(a) The valuable social and economic contribution that carers make to the 3
community and the persons for whom they care should be recognised and 4
supported. 5
(b) Carers' health and wellbeing are to be given due consideration. 6
(c) The views and needs of carers and the views, needs and best interests of the 7
persons for whom they care must be taken into account in the assessment, 8
planning, delivery and review of services provided to persons who are cared 9
for. 10
(d) Carers should be referred to, and made aware of, appropriate services to assist 11
carers in their caring role. Such referrals should be made after an assessment 12
of the needs of carers or as part of the assessment or provision of services to 13
the person being cared for. 14
(e) The relationship between carers and the persons for whom they care should be 15
respected. 16
(f) Carers are to be acknowledged and recognised as having their own individual 17
needs within and beyond their caring role. This acknowledgement and 18
recognition is to take into consideration Aboriginal or Torres Strait Islander 19
culture, age, disability, religion, socio-economic status, cultural differences, 20
gender identification and place of residence. 21
(g) Children and young people who are carers have the same rights as all children 22
and young people. 23
(h) Children and young people who are carers face additional difficulties and 24
burdens and should be supported in overcoming these difficulties and burdens. 25
(i) Carers should have the same rights, choices and opportunities as other 26
Australians. 27
(j) Carers' choices in their caring role should be supported and recognised, 28
including the recognition of carers in the assessment, planning, delivery and 29
review of services that impact on carers and their role as carers. 30
(k) The additional difficulties faced by remote and rurally based carers caused by 31
isolation should be recognised and acknowledged. 32
Page 7
Carers (Recognition) Bill 2010
Schedule 1 NSW Carers Charter
(l) Support for carers should be timely, responsive, appropriate and accessible. 1
(m) Carers' unique knowledge and experience should be acknowledged and 2
recognised. 3
Page 8
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