Carer Recognition Act 2010
No. 123, 2010
An Act to provide for the recognition of carers, and for related purposes
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Object of Act
4 Definitions
5 Meaning of carer
Part 2—The Statement for Australia’s Carers
6 The Statement for Australia’s Carers
Part 3—Obligations of public service agencies and associated providers
7 Obligations of all public service agencies
8 Additional obligations of public service care agencies
9 Obligations of associated providers
Part 4—Other matters
10 Act does not create legally enforceable obligations etc.
11 Act not intended to exclude similar State or Territory laws
12 Regulations
Schedule 1—The Statement for Australia’s Carers
Carer Recognition Act 2010
No. 123, 2010
An Act to provide for the recognition of carers, and for related purposes
[Assented to 18 November 2010]
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.
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
(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…
Overview
The Carer Recognition Act 2010 (C2010A00123) was enacted by the Parliament of Australia to increase recognition and awareness of carers and to acknowledge the valuable contribution they make to society. The Act was assented to on 18 November 2010. It aims to ensure that carers have the same rights, choices, and opportunities as other Australians, and that their social and economic contributions are recognised. The Act establishes the Statement for Australia's Carers, which outlines the rights and principles that should be applied to carers. Public service agencies and associated providers are required to consider these principles in their operations and to consult with carers when developing or evaluating care supports. The Act does not create legally enforceable rights or duties, and it does not exclude similar laws enacted by the States or Territories.
Scope and Application
The Carer Recognition Act 2010 aims to enhance the recognition and awareness of carers in Australia, acknowledging their valuable contribution to society. The Act applies to carers, public service agencies, and associated providers. A carer, as defined in the Act, is an individual providing personal care, support, and assistance to another person who requires it due to disability, medical condition, mental illness, or being frail and aged. Carers who provide care under a contract of service, as volunteers, or as part of education or training are not considered carers under the Act. The Act applies to public service agencies and their agents, as well as associated providers who enter into contracts or funding arrangements with public service care agencies for the development, implementation, provision, or evaluation of care supports. The Act applies to the Commonwealth jurisdiction, and it does not exclude similar State or Territory laws that provide recognition of carers. The Governor-General may make regulations to prescribe matters required or permitted by the Act or necessary or convenient to carry it out.
Key Provisions
- The Carer Recognition Act 2010 (C2010A00123) aims to recognise and acknowledge the contributions of carers in Australia, particularly those who provide care for individuals with disabilities, medical conditions, mental illnesses, or who are frail and aged. The Act sets out various obligations for public service agencies, public service care agencies, and associated providers. Section 7 (Obligations of all public service agencies) requires these agencies to take practical steps to ensure their employees and agents understand the Statement for Australia’s Carers, and that their internal human resources policies, which may impact an employee's caring role, are developed with due regard to the Statement. Section 8 (Additional obligations of public service care agencies) extends these requirements, mandating that these agencies consult with carers or bodies representing carers when developing or evaluating care supports, and prepare a report on their compliance with these sections for inclusion in their annual reports. Section 9 (Obligations of associated providers) requires these providers to ensure that their officers, employees, and agents are aware of the Statement for Australia’s Carers and act in accordance with its principles when developing, implementing, providing, or evaluating care supports.
- The Act does not create legally enforceable obligations or affect the validity of any decisions, as outlined in section 10. It also does not exclude similar state or territory laws, as stated in section 11. The Governor-General has the authority to make regulations necessary for carrying out or giving effect to the Act, as mentioned in section 12. While the Act does not specify offences, penalties, or consequences for breach, non-compliance may lead to scrutiny and potential reputational damage for the agencies and providers involved.
- Area of Law
- Human Rights Law
- Family Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Reporting & Disclosure Obligations
- Consultation Requirements