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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Carers (Recognition) Bill 2008
Queensland
Carers (Recognition) Bill 2008
Contents
Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Meaning of carer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 The carer's charter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Obligation of public sector agencies to consider carer's charter . 5
6 Reporting obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Schedule The Carer's charter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2008
A Bill
for
An Act to provide for the recognition of carers and the
important contribution they make to the community
Carers (Recognition) Bill 2008
[s 1]
The Parliament of Queensland enacts-- 1
1 Short title 2
This Act may be cited as the Carers (Recognition) Act 2008. 3
2 Definitions 4
In this Act-- 5
carer see section 3. 6
carer's charter see section 4. 7
public authority means-- 8
(a) a Minister; or 9
(b) a department; or 10
(c) a local government; or 11
(d) an entity established by the State or a local government. 12
voluntarily means in a non-contractual and unpaid capacity. 13
3 Meaning of carer 14
A carer is a person who voluntarily provides ongoing care or 15
assistance to another person who, because of age, disability, 16
frailty, chronic illness or pain, requires assistance with 17
everyday tasks. 18
4 The carer's charter 19
The carer's charter is set out in the schedule. 20
Page 4
Carers (Recognition) Bill 2008
[s 5]
5 Obligation of public sector agencies to consider carer's 1
charter 2
(1) This section applies if a public authority is to make a decision 3
regarding the assessment, planning, delivery and review of 4
services affecting carers. 5
(2) The public authority must consider the carer's charter in 6
making the decision and must consult with the representative 7
bodies that the authority is satisfied represent the carers 8
affected. 9
6 Reporting obligations 10
(1) If, when making a decision mentioned in section 5(1), a public 11
authority consults with a representative body under section 12
5(2), the decision of the authority must be in writing and 13
include details of the consultation. 14
(2) For subsection (1), the details of the consultation includes 15
details of which representative body was consulted and any 16
recommendations or concerns of the representative body. 17
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Carers (Recognition) Bill 2008
Schedule
Schedule The Carer's charter 1
section 4 2
1 The State recognises the effort and dedication of carers in our 3
community and that carers provide a vital service. 4
2 Carers deserve the respect of our community and should be 5
supported within their community by all levels of government, 6
institutions and organisations. 7
3 The views and needs of carers must be taken into account 8
together with the views, needs and best interests of the people 9
they care for when making policy decisions. 10
4 The importance of carers' work gives carers, or their 11
representative bodies, the right to be included in the 12
assessment, planning, delivery and review of services 13
affecting carers. 14
5 Complaints made by carers in relation to services that impact 15
on them must be given careful consideration. 16
6 Carers should be recognised-- 17
(a) for their unique knowledge and experience; and 18
(b) as individuals with their own needs. 19
7 The relationship between a carer and the person they care for 20
should be respected and honoured. 21
8 Children and young people who are carers should be 22
specifically supported by all of our community. 23
9 The caring responsibilities of children and young people 24
should be minimised. 25
10 Carers need access to a wide range of responsive and 26
affordable services to support them and their decision making 27
in their role as a carer. 28
11 Remote and rurally based carers face additional difficulties 29
caused by isolation. 30
Page 6
AMENDMENTS TO BILL
Carers (Recognition) Bill 2008
Carers (Recognition) Bill 2008
Amendments agreed to during Consideration
1 Before clause 1 (Short title)
At page 4, before line 2--
insert--
`Part 1 Preliminary'.
2 Clauses 2 to 6
At page 4, line 4 to page 5, line 17--
omit, insert--
`2 Commencement
`This Act commences on a day to be fixed by proclamation.
`3 Act binds all persons
`This Act binds all persons, including the State.
`4 Objects of Act
`The objects of this Act are--
(a) to recognise the valuable contribution by carers to the
people they care for; and
(b) to recognise the benefit, including the social and
economic benefit, provided by carers to the community;
and
(c) to provide for the interests of carers to be considered in
decisions about the provision of services that impact on
the role of carers; and
(d) to establish the Carers Advisory Council.
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Carers (Recognition) Bill 2008
`5 Definitions
`In this Act--
carer see section 6.
carers charter see section 7.
council means the Carers Advisory Council established under
section 11.
public authority means--
(a) a department; or
(b) a statutory body.
statutory body means a statutory body under the Financial
Administration and Audit Act 1977, section 5.
`6 Meaning of carer
`(1) A carer is an individual who provides, in a non-contractual
and unpaid capacity, ongoing care or assistance to another
person who, because of disability, frailty, chronic illness or
pain, requires assistance with everyday tasks.
`(2) However, for the purpose of this Act, a person is not a carer--
(a) only because the person is the spouse, parent or
guardian of a person to whom care is provided; or
(b) if the person provides the care or assistance as a
volunteer for a voluntary organisation.
`7 The Queensland carers charter
`The Queensland carers charter (the carers charter) is set out
in the schedule.
`Part 2 Decisions affecting carers
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Carers (Recognition) Bill 2008
`8 Purpose and application of pt 2
`(1) It is Parliament's intention that this part be complied with.
`(2) However, this part is directory only and does not create rights
or impose legally enforceable obligations on the State, a
public authority or anyone else.
`(3) Failure to comply with this part does not affect the validity of
any decision.
`(4) Subsection (5) applies to a public authority that must, under
another Act or law, consider, or comply with, principles or
requirements (other considerations) in the exercise of the
authority's functions or powers.
`(5) This part does not apply to the public authority to the extent
that the principles of the carers charter or requirements under
this part would conflict with, or otherwise detract from, the
public authority properly considering or complying with the
other considerations.
`9 Obligation of public authorities to consider carers charter
`(1) A public authority must ensure the authority and its officers
and employees--
(a) have an awareness and understanding of the carers
charter; and
(b) take action to reflect the principles of the charter in
providing services of the authority which affect carers
and the persons they care for.
`(2) Also, a public authority must consult with the representative
bodies that the authority is satisfied represent the carers
affected when making strategic policy or planning decisions
relevant to carers and the persons they care for.
`10 Reporting obligations
`(1) A public authority must prepare a report on how the authority
complies with section 9.
`(2) A report required under this section must--
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Carers (Recognition) Bill 2008
(a) include information prescribed by regulation; and
(b) be incorporated with the annual report of the public
authority and relate to the period to which the annual
report relates.
`(3) In this section--
annual report means an annual report under the Financial
Administration and Audit Act 1977.
`Part 3 Carers Advisory Council
`Division 1 Establishment and functions
`11 Establishment of Carers Advisory Council
`The Carers Advisory Council is established.
`12 Functions of the Carers Advisory Council
`The functions of the council are to--
(a) work to advance the interests of carers and promote
compliance by public authorities with the carers charter;
and
(b) make recommendations to the Minister on enhancing
compliance by public authorities with the carers charter;
and
(c) provide general advice to the Minister on matters
relating to carers; and
(d) carry out other functions as directed by the Minister.
`13 Minister may give directions
`(1) The council must perform its functions subject to--
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Carers (Recognition) Bill 2008
(a) the general direction and control of the Minister; and
(b) any specific written directions given to it by the
Minister.
`(2) Without limiting subsection (1)(b), a direction under that
provision may require the council to give the Minister, or
provide the Minister with access to, information in its
possession about a matter or class of matter specified in the
direction.
`(3) If the council is given a written direction, the council must
publish the direction in its next annual report.
`Division 2 Membership
`14 Membership
`(1) The council consists of 10 members appointed by signed
notice by the Minister.
`(2) Four members must be public service employees.
`(3) Three members must be carers.
`(4) Three members must be representatives of different carers
associations.
`15 Chairperson and deputy chairperson
`(1) The Minister must appoint one of the members of the council
to be the chairperson.
`(2) The chairperson holds office for the term decided by the
Minister.
`(3) However, a vacancy occurs in the office of chairperson if the
person holding the office resigns the office by signed notice of
resignation given to the Minister or stops being a member of
the council.
`(4) The council must elect one member to be the deputy
chairperson.
`(5) The deputy chairperson is to act as chairperson--
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Carers (Recognition) Bill 2008
(a) during a vacancy in the office of chairperson; or
(b) during a period when the chairperson is absent from
duty or, for another reason, can not perform the
functions of the office.
`16 Term of appointment as member
`(1) A member is to be appointed for the term, of no more than 2
years, stated in the member's instrument of appointment.
`(2) A person's eligibility for reappointment or the term for which
a person may be reappointed is not affected by an earlier
appointment.
`17 Remuneration and allowances
`(1) This section applies to a member of the council who is not a
public service employee.
`(2) The member is entitled to be paid the remuneration and
allowances decided by the Minister.
`18 Vacation of office
`(1) A member's office becomes vacant if--
(a) the member dies; or
(b) the member resigns by signed notice of resignation
given to the Minister; or
(c) the member's appointment is ended by the Minister.
`(2) The Minister may, by written notice given to a member, end
the member's appointment if--
(a) in the opinion of the Minister, the member is unable,
because of illness or absence from the State, to perform
the functions of the office; or
(b) in the opinion of the Minister, the member commits
misconduct of a kind that could justify dismissal from
the public service if the member were a public service
officer; or
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Carers (Recognition) Bill 2008
(c) the member is an insolvent under administration within
the meaning of the Corporations Act, section 9; or
(d) the member is absent from 3 consecutive meetings of
the council without the council's permission and
without reasonable excuse; or
(e) in the opinion of the Minister, the member is performing
the member's duties carelessly, incompetently or
inefficiently.
`Division 3 Conduct of meetings
`19 Procedure at meetings
`Subject to this part, the council may conduct its meetings as
it considers appropriate.
`20 Presiding at meetings
`(1) The chairperson, if present, is to preside at a meeting of the
council.
`(2) If the chairperson and the deputy chairperson are absent, the
member chosen by the members present is to preside.
`21 Minutes
`The council must keep a record of the minutes of its meetings
and its decisions.
`Part 4 Miscellaneous
`22 Regulation-making power
`The Governor in Council may make regulations under this
Act.'.
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Carers (Recognition) Bill 2008
3 Schedule (The Carer's charter)
At page 6, line 1, `Carer's'--
omit, insert--
`Queensland carers'.
4 Schedule (The Carer's charter)
At page 6, line 2, `section 4'--
omit, insert--
`section 7'.
5 Schedule (The Carer's charter)
At page 6, after line 2--
insert--
`Because--
the Parliament recognises that carers make a significant
contribution to the people they care for and the economic and
social wellbeing of the community, and that carers deserve
recognition, respect and support for their role as carers; and
helping carers is one of the best ways of helping someone they
are caring for and the carers charter will help carers to be
heard by government and their issues to be better understood
in the community;
this Act establishes the following Queensland carers
charter--'.
6 Schedule (The Carer's charter)
At page 6, lines 11 to 14--
omit, insert--
`4 The importance of carers' work means the role of carers
should be recognised by including carers, or their
representative bodies, in the assessment, planning, delivery
and review of services affecting carers.'.
Page 8
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