Western Australian Consolidated Acts

DISABILITY SERVICES ACT 1993 - SECT 3A

3A .         Meaning of “carer”

        (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.

        (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 a disability; or

            (b)         the person provides care to a child with a disability 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 3A inserted by No. 37 of 2004 s. 25; amended by No. 53 of 2006 s. 12(2).]