Carers Recognition Act 2006 (NT)

NORTHERN TERRITORY OF AUSTRALIA

Carers Recognition ACT 2006

As in force at 13 November 2014

Table of provisions [if supportFields]><span style='mso-element:field-begin'></span><span style='mso-spacerun:yes'>&#160;</span>TOC \o &#34;1-9&#34; <span style='mso-element: field-separator'></span><![endif] — Preliminary matters1 — Short title2 — Commencement3 — Objects of Act4 — Definitions5 — Who is a carerPart 2 — Compliance with Carers Charter6 — Obligations of applicable organisations relating to Carers Charter7 — Report by reporting organisationPart 3 — Miscellaneous matters8 — Regulations9 — Review of ActSchedule — Northern Territory Carers CharterENDNOTES northern territory of australia

northern territory of australia

As in force at 13 November 2014

Carers Recognition act 2006

An Act about the recognition of carers and for related purposes

Part 1Preliminary matters 1Short title

This Act may be cited as the Carers Recognition Act 2006.

2Commencement

This Act commences on the date fixed by the Administrator by Gazette notice.

3Objects of Act

The objects of this Act are:

• (a)

  to recognise the role of carers in the community; and

• (b)

  to provide for the reporting by organisations of the action taken to reflect the principles of the Carers Charter in providing relevant services.

4Definitions

In this Act:

applicable organisation means:

• (a)

  a reporting organisation; or

• (b)

  an entity providing relevant services under a contract with a reporting organisation (other than a contract of employment); or

• (c)

  another entity declared by regulation to be an applicable organisation.

carer, see section 5.

Carers Charter means the Northern Territory Carers Charter in the Schedule.

relevant services means services relevant to carers and the persons they care for.

reporting organisation means:

• (a)

  an Agency that provides relevant services; or

• (b)

  another entity declared by regulation to be a reporting organisation.

5Who is a carer

• (1)

  A person is a carer if the person is an individual who provides ongoing care or assistance to:

  • (a)

    a person who has a disability as defined in the Disability Services Act 1993; or

  • (b)

    a person who has a chronic illness, including a mental illness as defined in the Mental Health and Related Services Act 1998; or

  • (c)

    a person who, because of frailty, requires assistance with the carrying out of everyday tasks; or

  • (d)

    a person of a class prescribed by regulation.

• (2)

  However, a person is not a carer if the person provides the care or assistance:

  • (a)

    under a contract for services or a contract of service; or

  • (b)

    in the course of doing community work organised by a community organisation.

• (3)

  Also, a person is not a carer only because the person:

  • (a)

    is a spouse, de facto partner, parent, guardian or decision maker (as defined in section 3 of the Advance Personal Planning Act 2013) of the person to whom the care or assistance is being provided; or

  • (b)

    provides care to a child who is in the person’s care under the Care and Protection of Children Act 2007.

  Part 2Compliance with Carers Charter    

6Obligations of applicable organisations relating to Carers Charter

• (1)

  An applicable organisation must take all practicable measures to ensure the organisation and its officers, employees or agents:

  • (a)

    have an awareness and understanding of the Carers Charter; and

  • (b)

    take action to reflect the principles of the Charter in providing relevant services of the organisation.

• (2)

  Without limiting subsection (1), an applicable organisation that is an Agency must consult carers, or entities that represent carers, in:

  • (a)

    policy or program development; or

  • (b)

    strategic or operational planning, relevant to carers and the persons they care for.

  7Report by reporting organisation
• (1)

  A reporting organisation must prepare a report on the following for each financial year:

  • (a)

    the performance of the organisation’s obligations under this Act;

  • (b)

    the organisation’s compliance or non-compliance with this Act;

  • (c)

    the organisation’s compliance or non-compliance with the Carers Charter;

  • (d)

    the compliance or non-compliance with the Carers Charter of any entity providing a service to others under a contract with the organisation;

  • (e)

    other information prescribed by regulation.

• (2)

  The report may be combined with another annual report of the organisation.

• (3)

  The organisation must:

  • (a)

    give a copy of the report to the Minister within 3 months after the end of the financial year to which the report relates; and

  • (b)

    ensure a copy of the report is available for inspection by the public at the organisation’s office during business hours.

  Part 3Miscellaneous matters    

8Regulations

The Administrator may make regulations under this Act.

9Review of Act

The Minister must, within 5 years after the commencement of this Act:

• (a)

  review the operation and effectiveness of this Act; and

• (b)

  table a copy of the report of the review in the Legislative Assembly.

ScheduleNorthern Territory Carers Charter

section 4, definition Carers Charter

1.          Carers must be treated with respect and dignity.

2. Carers must be acknowledged as individuals with their own needs within and beyond the role of carer.

3.          The diversity of carers’ individual needs must be acknowledged and identified, taking into consideration cultural and linguistic differences, age, disability, religion, socioeconomic status, gender identification and where people live. In particular, it is important to recognise the needs of Aboriginal carers and children and young people who are carers.

4.          Carers must receive information on their rights when dealing with Agencies.

5.          The role of carers must be formally recognised by including carers in the assessment, planning, delivery and review of services that impact on them and their caring role.

6.          The views and needs of carers must be taken into account along with the views, needs and best interests of people receiving care when decisions are made that impact on carers and their caring role.

7.          Programs and services for carers must be responsive, coordinated and appropriate.

8.          Complaints made by carers about services that impact on them and the role of carers must be properly considered.

ENDNOTES

• 1

  KEY

Key to abbreviations

 

amd = amended od = order

app = appendix om = omitted

bl = by-law pt = Part

ch = Chapter r = regulation/rule

cl = clause rem = remainder

div = Division renum = renumbered

exp = expires/expired rep = repealed

f = forms s = section

Gaz = Gazette sch = Schedule

hdg = heading sdiv = Subdivision

ins = inserted SL = Subordinate Legislation

lt = long title sub = substituted

nc = not commenced

• 2

  LIST OF LEGISLATION

Carers Recognition Act 2006 (Act No. 22, 2006)
Assent date	19 September 2006
Commenced	29 November 2006 (Gaz G48, 29 November 2006, p 2)
Statute Law Revision Act 2009 (Act No. 25, 2009)
Assent date	1 September 2009
Commenced	16 September 2009 (Gaz G37, 16 September 2009, p 3)
Advance Personal Planning (Consequential Amendments) Act 2013 (Act No. 36, 2013 )
Assent date	19 December 2013
Commenced	pt 3: 5 February 2014 (Gaz G5, 5 February 2014, p 2); rem: 17 March 2014 (Gaz S14, 17 March 2014)
Statute Law Revision Act 2014 (Act No. 38, 2014)
Assent date	13 November 2014
Commenced	13 November 2014

• 3

  GENERAL AMENDMENTS

General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22 of 2018) to: ss 1 and 5.

• 4

  LIST OF AMENDMENTS

s 5                     amd No. 25, 2009, s 10; No. 36, 2013, s 139; No. 38, 2014, s 2

pt 4 hdg             exp No. 22, 2006, s 14

ss 10 – 14          exp No. 22, 2006, s 14