Carers Recognition Act 2021 (ACT)

Carers Recognition Act 2021   

A2021-34

Republication No 1

Effective:  10 June 2022

Republication date: 10 June 2022

Act not amended

About this republication

The republished law

This is a republication of the Carers Recognition Act 2021 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 10 June 2022.  It also includes any commencement, repeal or expiry affecting this republished law. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

Carers Recognition Act 2021

Contents

Page

Part 1      Preliminary

1            Name of Act  2

3            Dictionary  2

4            Notes  2

Part 2      Objects and important concepts

5            Objects of Act  3

6            Meaning of care relationship  3

7           Meaning of care and carer support agency  5

Part 3      Care relationship principles

8            Care relationship principles—treatment of carers  6

9            Care relationship principles—treatment of people receiving care           8

Part 4      Obligations relating to care relationship principles

10          Obligations of care and carer support agencies relating to care relationship principles  9

11          Reporting obligations of care and carer support agencies                   10

Part 5      Miscellaneous

12          Legal rights not affected  11

13          Inconsistency with other territory laws  11

14          Regulation-making power  11

15          Review of Act  11

Dictionary12

Endnotes

1            About the endnotes  15

2            Abbreviation key  15

3            Legislation history  16

4            Amendment history  17

Carers Recognition Act 2021

An Act to provide for the recognition of carers, and for other purposes

Part 1Preliminary

1. Name of Act

   This Act is the Carers Recognition Act 2021.

2. Dictionary

   The dictionary at the end of this Act is part of this Act.

   Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

   For example, the signpost definition ‘care and carer support agency—see section 7.’ means that the term ‘care and carer support agency’ is defined in that section.

   Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

3. Notes

   A note included in this Act is explanatory and is not part of this Act.

   NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Part 2Objects and important concepts

1. Objects of Act

   The objects of this Act are to—

   (a)recognise, promote and value carers and care relationships; and

   (b)recognise the different needs of people in care relationships; and

   (c)recognise that care relationships benefit the people in those relationships and the community; and

   (d)enact care relationship principles relating to the treatment of people in care relationships; and

   (e)establish requirements for care and carer support agencies to uphold and report on compliance with the care relationship principles.

2. Meaning of care relationship

   (1)For this Act, a person is in a care relationship with another person if the first person (the carer) provides care to the other person for 1 or more of the following reasons:

   (a)the other person has a disability;

   (b)the other person has a mental disorder or mental illness;

   (c)the other person has an ongoing medical condition;

   Examples—ongoing medical condition

   1a terminal or chronic illness

   2chronic pain

   3dementia

   (d)the other person is aged and frail;

   (e)the other person is a child or young person, and the carer is a kinship carer or a foster carer for the child or young person.

   Example—carer

   Ms W suffers from multiple sclerosis and requires constant care. Her spouse and 3 children aged 21, 16 and 11 share her care and would each be a ‘carer’.

   (2)A regulation may prescribe a relationship to be a care relationship.

   (3)A person is not in a care relationship with another person only because either or both of the following apply:

   (a)the first person is a domestic partner, parent, child or other relative of the other person;

   (b)the first person lives with the other person.

   (4)Also, a person is not in a care relationship with another person if the first person provides care to the other person—

   (a)under a contract of service or a contract for the provision of services; or

   (b)as a volunteer for a charitable, welfare or community organisation, other than an approved kinship and foster care organisation; or

   (c)as part of a course of education or training.

   (5)A carer in a care relationship may include a person receiving financial assistance from the Territory or the Commonwealth government (however described) in relation to carrying out their role as a carer.

   (6)In this section:

   approved kinship and foster care organisation—see the Children and Young People Act 2008, section 502.

   disability—see the Disability Discrimination Act 1992 (Cwlth), section 4 (1).

   foster carer, for a child or young person—see the Children and Young People Act 2008, section 518 (2).

   kinship carer, for a child or young person—see the Children and Young People Act 2008, section 516 (2).

   mental disorder—see the Mental Health Act 2015, section 9.

   mental illness—see the Mental Health Act 2015, section 10.

3. Meaning of care and carer support agency

   For this Act:

   care and carer support agency means any of the following entities:

   (a)a public sector support agency;

   (b)a funded support agency;

   (c)a secondary funded support agency;

   (d)an entity prescribed by regulation.

   NotePublic sector support agency, funded support agency and secondary funded support agency—see the dictionary.

Part 3Care relationship principles

1. Care relationship principles—treatment of carers

   (1)A carer should—

   (a)be respected and recognised as—

   (i)an individual with their own needs; and

   (ii)a carer; and

   (iii)someone with knowledge of the person receiving care; and

   (b)be supported as an individual and as a carer, including during changes to the care relationship; and

   (c)be recognised for their efforts and dedication, and for the social and economic contribution they make to the community, as a carer; and

   (d)if appropriate, have their views and cultural identity taken into account, together with the views, cultural identity, needs and interests of the person receiving care, in matters relating to the care relationship; and

   (e)have their social wellbeing and health recognised in matters relating to the care relationship; and

   (f)have the effect of their role as a carer on their participation in employment and education recognised and considered in decision-making; and

   (g)be provided with support that is timely, responsive, appropriate, respectful and accessible; and

   (h)if the carer is receiving support services from a care and carer support agency in relation to the care relationship—

   (i)be made aware of the care relationship principles by the care and carer support agency; and

   (ii)have their views considered in the assessment, planning, delivery, management and review of support services, programs or policies relating to the carer and the care relationship; and

   (i)if the carer is a child or young person—

   (i)be supported to reach their full potential; and

   (ii)be provided with appropriate support services that take into account the specific needs of children and young people; and

   (j)if the carer is an Aboriginal or Torres Strait Islander person—be provided with culturally appropriate support services that take into account the history, health and wellbeing of the person and the person’s extended family and community; and

   (k)if the carer is an LGBTIQ+ person—be provided with appropriate support services that take into account the specific and unique needs of LGBTIQ+ people; and

   (l)if the carer is culturally and linguistically diverse—be provided with appropriate support services that take into account the specific and unique needs of culturally and linguistically diverse people; and

   (m)if the carer is a person with disability—be provided with appropriate support services that take into account the specific and unique needs of people with disability.

   NoteA carer may have 1 or more of the characteristics mentioned in pars (i) to (m).

   (2)In this section:

   Aboriginal or Torres Strait Islander person means a person who—

   (a)is a descendant of an Aboriginal person or a Torres Strait Islander person; and

   (b)identifies as an Aboriginal person or a Torres Strait Islander person; and

   (c)is accepted as an Aboriginal person or a Torres Strait Islander person by an Aboriginal community or Torres Strait Islander community.

2. Care relationship principles—treatment of people receiving care

   A person receiving care in a care relationship should have their rights as an individual recognised and realised.

Part 4Obligations relating to care relationship principles

1. Obligations of care and carer support agencies relating to care relationship principles

   (1)A care and carer support agency must take all practicable measures to ensure that—

   (a)the following people are aware of, and understand, the care relationship principles:

   (i)the agency’s employees and agents;

   (ii)people in a care relationship who are receiving support services from the agency in relation to the care relationship; and

   (b)the agency and its employees and agents uphold the care relationship principles in assessing, planning, delivering, managing or reviewing support services, programs and policies in relation to people in care relationships.

   (2)In addition, a care and carer support agency must—

   (a)when planning or reviewing support services and programs in relation to people in care relationships provided by the agency—consult with—

   (i)carers receiving support services from the agency; and

   (ii)an entity representing carers; and

   (b)when developing the agency’s internal human resources policies—consider the care relationship principles in relation to employees who are carers.

   (3)To remove any doubt, this section does not require a care and carer support agency to provide financial assistance or services to people in care relationships.

2. Reporting obligations of care and carer support agencies

   (1)A care and carer support agency must, in each reporting year for the agency, prepare a report on the agency’s compliance with its obligations under section 10.

   (2)The care and care support agency must—

   (a)if the agency is a public sector support agency—include the report in the agency’s annual report for the year; or

   (b)if the agency is a funded support agency—

   (i)include the report in any reporting document required under the agency’s arrangement with the public sector support agency that funds the agency; and

   (ii)make the report publicly available; or

   (c)if the agency is a secondary funded support agency—consider making the report publicly available.

   Example—publicly available

   published on the agency’s website

   (3)The report must include any information prescribed by regulation.

   (4)In this section:

   annual report, for a public sector support agency—see the Annual Reports (Government Agencies) Act 2004, dictionary

   reporting year—

   (a)for a public sector support agency—see the Annual Reports (Government Agencies) Act 2004, dictionary; and

   (b)for a funded support agency or secondary funded support agency—means a financial year.

Part 5Miscellaneous

1. Legal rights not affected

   The Legislative Assembly does not intend by this Act to create in any person any legal right or give rise to any civil cause of action.

2. Inconsistency with other territory laws

   If a provision in this Act (other than section 11) is inconsistent with a provision in any other territory law, the provision in the other territory law prevails to the extent of the inconsistency.

3. Regulation-making power

   The Executive may make regulations for this Act.

4. Review of Act

   (1)The Minister must, as soon as practicable after the end of this Act’s 5th year of operation—

   (a)review the operation and effectiveness of the Act; and

   (b)present a report of the review to the Legislative Assembly.

   NoteA reference to an Act includes a reference to any statutory instrument made or in force under the Act (see Legislation Act, s 104).

   (2)This section expires 6 years after the day it commences.

Dictionary

(see s 3)

Note 1The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:

·     administrative unit

·     domestic partner (see s 169 (1))

·     entity

·     Executive

·     Minister (see s 162)

·     parent

·     public sector member

·     public service

·     territory instrumentality

·     territory law

·     the Territory.

care means ongoing support, assistance or personal care.

care and carer support agency—see section 7.

care relationship—see section 6.

care relationship principles means the principles set out in part 3.

carer—see section 6 (1).

child—see the Children and Young People Act 2008, section 11.

funded support agency means an entity that is—

(a)funded by a public sector support agency; and

(b)responsible for providing a support service or program that directly impacts on people in care relationships.

personal care means—

(a)assistance with 1 or more of the following:

(i)bathing, showering or personal hygiene;

(ii)toileting;

(iii)dressing or undressing;

(iv)eating meals;

(v)communicating; or

(b)for a person with mobility problems—physical assistance; or

(c)assistance for people who are mobile but require some form of supervision or assistance; or

(d)assistance or supervision in administering medicine; or

(e)the provision of substantial emotional support.

public sector entity means the following:

(a)the public service;

(b)an entity that employs public sector members that is—

(i)owned or operated by the Territory; or

(ii)a territory instrumentality;

(c)an entity prescribed by regulation.

Examples

1     Canberra Health Services

2     Transport Canberra

public sector support agency means a public sector entity that is responsible for the assessment, planning, delivery, management and review of support services, programs or policies in relation to people in care relationships.

secondary funded support agency means an entity contracted or funded by a funded support agency to provide a support service or program for which the funded support agency has responsibility.

young person—see the Children and Young People Act 2008, section 12.

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

2. Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

1. Legislation history

   Carers Recognition Act 2021 A2021-34

   notified LR 10 December 2021
   s 1, s 2 commenced 10 December 2021 (LA s 75 (1))
   s 16 commenced 10 December 2021 (s 2 (2))
   remainder commenced 10 June 2022 (s 2 (1) and LA s 79)

2. Amendment history

   Commencement

   s 2om LA s 89 (4)

   Review of Act

   s 15exp 10 June 2028 (s 15 (2))

   New Carers Recognition Regulation

   s 16exp 10 June 2022 (s 16 (3))

   New Carers Recognition Regulation

   sch 1exp 10 June 2022 (s 16 (3))