DISABILITY SERVICES ACT 1993 - SECT 3A

DISABILITY SERVICES ACT 1993 - SECT 3A

3A .         Persons who are carers

        (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 disability.

        (2)         However a person is not a carer if he or she —

            (a)         provides the care or assistance under a contract for services (other than an agreement entered into under section 25) or a contract of service; or

            (b)         provides the care or assistance while doing community work as defined in section 3(1) of the Volunteers and Food and Other Donors (Protection from Liability) Act 2002 .

        (3)         A person is not a carer for the purposes of this Act only because —

            (a)         the person is a spouse, de facto partner, parent or guardian of a person with disability; or

            (b)         the person provides care to a child with disability under an arrangement with the chief executive officer of the department principally assisting the Minister administering the Children and Community Services Act 2004 in the administration of that Act.

        [Section 3A inserted: No. 37 of 2004 s. 25; amended: No. 53 of 2006 s. 12(2); No. 33 of 2010 s. 33; No. 40 of 2012 s. 24.]