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Carers (Recognition) Bill 2008
Carers (Recognition) Bill 2008
Explanatory Notes for Amendments to be
moved during consideration in detail by the
Honourable Lindy Nelson-Carr MP
Title of the Bill
Carers (Recognition) Bill 2008
Objective of the Amendments
The objective of the amendments is to ensure the legislation is meaningful,
effective and harmonises with the generally uniform approaches of other
jurisdictions that have carers' legislation.
Consistency with fundamental legislative principles
It is considered that the Bill is consistant with the fundamental legislative
principles set out in the Legislative Standards Act 1992.
Consultation
Community
No external consultation was conducted.
Government
The following Government departments were consulted and support the
amendments: the Department of the Premier and Cabinet; Queensland
Treasury; Queensland Health; the Department of Communities; the
Department of Education, Training and the Arts and the Department of
Employment and Industrial Relations.
The Department of Justice and Attorney-General was consulted.
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Carers (Recognition) Bill 2008
Notes On Provisions
Clause 1 inserts a heading for Part 1 of the Bill.
Clause 2 removes clauses 2 to 6 of the Bill and:
· inserts a new clause 2 that the Act commences on a day to be fixed by
proclamation and a new clause 3 that confirms that the Act binds all
persons, including the State.
· inserts a new clause 4 that sets out the objects of the Act. This clause
is necessary to clearly state the aim of the Act which is to recognise
the valuable contribution of carers to the people they care for, to
recognise the social and economic benefit that carers provide to the
community, to provide for the interests of carers to be considered in
the provision of services that impact on the role of carers and to
provide for the Carers Advisory Council.
· inserts a new clause 5 which is a general definition clause. In this
clause a public authority is defined as meaning a department or a
statutory body. The term statutory body means a statutory body under
the Financial Administration and Audit Act 1977, section 5.
· inserts a new clause 6 which defines the meaning of `carer'. The
definition is intended to apply only to individuals providing care or
assistance in a non-contractual and unpaid capacity. The definition is
not intended to exclude carers who receive a carer allowance or
payment from the Federal Government.
The definition of carer leaves outside its scope a person who is the
spouse, parent or guardian of a person to whom domestic care is
provided. This is intended to exclude care or assistance given in a
routine domestic setting. For example, a parent who is a full time
carer for an infant child would not be a carer under this definition.
Under the definition a person is not a carer if the person provides the
care as a volunteer for a voluntary organisation. The philosophy
underpinning this exclusion is that the recognition of carers should
extend only to those who have an ongoing personal relationship with
the person being cared for, as distinguished from a volunteer that may
provide "one-off" care or assistance to a number of different people.
· inserts a new clause 7 that provides for the Queensland carers charter.
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Carers (Recognition) Bill 2008
· inserts Part 2, which deals with the purpose and the application of the
part (clause 8), the obligations of public authorities to consider the
carers charter (clause 9) and reporting obligations (clause 10).
· Clause 8 states that it is Parliament's intention that the part is to
be complied with but that failure to comply by a public authority
does not invalidate a decision. The clause also provides that if a
public authority must, under another Act or law, consider or
comply with principles or requirements in the exercise of its
functions or powers, the obligations under part 2 do not apply to
the public authority to the extent that the principles of the carers
charter or requirements under part 2 would conflict with or
otherwise detract from the public authority properly complying
with the other considerations. Clause 8(4) and (5) are intended to
remove any doubt about what a public authority should do in
relation to the obligations imposed under part 2 and conflicting
obligations imposed on the authority under another Act or law.
For example, under this clause the obligations under part 2 are
displaced to the extent that they conflict with the mandatory
requirements placed on a person or other entity that performs a
function or exercises a power under the Guardianship and
Administration Act 2000 to apply the general principles and the
health care principle for a matter in relation to an adult with
impaired capacity.
· Clause 9 provides that a public authority must ensure that its
officers and employees have an awareness and understanding of
the carers charter; and take action to reflect the principles of the
charter in providing services which affect carers and the persons
they care for. This clause also provides that a public authority
must consult with the representative bodies it is satisfied
represent the carers affected when making strategic policy or
strategic planning decisions relevant to carers and the persons
they care for. This clause is not intended to capture day-to-day
operational decisions including decisions about individual cases
made in accordance with established policy or established
operational plans or services.
· Clause 10 provides that the public authority must report about
the ways it is meeting its obligations under clause 9. Reporting is
a way of ensuring continuous improvement in the way public
authorities meet the objectives of the legislation. The practical
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Carers (Recognition) Bill 2008
effect of this clause is to require each public authority to
implement a process to ensure that the carers charter is
considered when providing services of the authority which affect
carers and the people they care for.
· inserts Part 3 Division 1, which establishes the Carers Advisory
Council.
· Clause 11 establishes the Carers Advisory Council.
· Clause 12 sets out the functions of the Carers Advisory Council,
which include promoting compliance with the carers charter by
public authorities, making recommendations and giving advice
to the Minister and carrying out other functions as directed by the
Minister.
· Clause 13 confirms that the Carers Advisory Council performs
its functions under the general direction and control of the
Minister and is subject to any specific written instructions given
to it by the Minister. If given a written direction, the Carers
Advisory Council must publish the direction in its next annual
report.
· Inserts Part 3 Division 2, which deals with membership of the Carers
Advisory Council.
· Clause 14 provides the membership of the Carers Advisory
Council.
· Clause 15 creates the position of chairperson and deputy
chairperson. The chairperson is appointed from one of the
members of the Carers Advisory Council by the Minister. The
deputy chairperson is elected by the Carers Advisory Council
from its members.
· Clause 16 provides that a member is to be appointed for no more
than two years and that the member may be reappointed at the
expiration of their term of appointment.
· Clause 17 provides for the payment of remuneration and
allowances to members who are not public service employees.
· Clause 18 sets out that a member's office becomes vacant if the
member dies; resigns by signed notice given to the Minister; or if
their appointment is ended by the Minister.
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Carers (Recognition) Bill 2008
· inserts Part 3 Division 3, which deals with the conduct of meetings of
the Carers Advisory Council.
· Clause 19 provides that the Carers Advisory Council may
conduct its meetings as it considers appropriate.
· Clause 20 states that the chairperson is to preside at meetings if
present. If the chairperson is not present, the deputy chairperson
is to preside at the meeting. If both the chairperson and the
deputy chairperson are not present, the members present would
choose one of the members to preside.
· Clause 21 requires the Carers Advisory Council to keep a record
of the minutes of its meetings and decisions.
· inserts Part 4 clause 22, which is a general regulation making power.
Clause 3 changes the title to the schedule from the Carer's charter to the
Queensland carers charter.
Clause 4 omits the reference to section 4 in the schedule and replaces it
with a reference to section 7.
Clause 5 amends the schedule to insert a preamble to the Queensland carers
charter. The preamble is intended to articulate Parliament's recognition of
the important role that carers play in the lives of the people they care for
and the significant contribution they make to the social and economic
wellbeing of the community.
Clause 6 amends clause 4 of the Queensland carers charter to stress that the
importance of carers' work means the role of carers should be recognised
by including carers, or their representative bodies, in the assessment,
planning, delivery and review of services affecting carers. This amendment
is required as a consequence of the new clause 8 which states that it is
Parliament's intention that the Queensland carers charter is to be complied
with but that failure to comply by a public authority does not invalidate a
decision. Unless the amendment to clause 4 of the Queensland carers
charter is made, the statement of the `right' of carers or their representative
bodies will be inconsistent with clause 8.
© State of Queensland 2008
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