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Carers Recognition Bill 2012
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
Clause 1 sets out the purposes of the Bill, which are to recognise, promote
and value the role of people in care relationships; to recognise the
different needs of persons in care relationships; to support and
recognise that care relationships bring benefits to the people in
them and to the community; and to enact care relationship
principles.
Clause 2 provides for the commencement of the Bill. The Bill comes into
operation on a day or days to be proclaimed or, if not proclaimed
prior, on 1 July 2012.
Clause 3 contains definitions of words and phrases used in the Bill.
Key definitions include--
care which means the provision of ongoing support,
assistance or personal care to another person;
carer which means a person, including a person under
the age of 18 years, who provides care to another person
in a care relationship; and
care support organisation which is a person or body
that is bound to comply with the Bill.
Clause 4 contains a definition of care relationship. A person is in a care
relationship for the purpose of the Bill if he or she provides
another person, or receives from another person, care because
one of the persons in the relationship--
has a disability; or
is older; or
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has a mental illness; or
has an ongoing medical condition.
The following relationships are also care relationships for the
purposes of the Bill--
where an individual has custody and guardianship of
a child under a permanent care order made under
Part 4.10 of the Children Youth and Families Act
2005;
where a child is placed with an individual who provides
care under a child care agreement made under Part 3.5
of the Children Youth and Families Act 2005; or
where a child is placed with an individual who provides
care to that child under a protection order made under
Part 4.9 of the Children Youth and Families Act 2005.
A person described above will be in a care relationship even if
the person receives government funding in relation to carrying
out the role of carer.
However, a person is not in a care relationship with another
person if the person is the spouse or domestic partner of the other
person, is the parent, child or other relative of the other person or
lives with the other person unless the person also meets the above
criteria.
Additionally, a person is not in a care relationship if the person
provides care to another person--
under a contract of service or a contract for the
provision of the services;
under an employment contract;
in the course of doing voluntary work for a community
organisation; or
as part of the requirements of an education course or
training.
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Clause 5 clarifies which organisations are required to comply with the Bill.
The Bill will only apply to care support organisations which
are--
public service care agencies (these are public service
bodies within the meaning of the Public
Administration Act 2004, a council within the meaning
of the Local Government Act 1989 or an entity
established by or under an Act for a public purpose, that
is responsible for the development, implementation,
provision or evaluation of policies, programs or services
that affect carers and the person for whom they care);
funded care agencies (these are persons or bodies that
are funded by a public service care agency and have
responsibility for programs or services that directly
impact on carers and the persons for whom they care);
subcontractors of funded care agencies, but only with
respect to the provision of programs or services that
directly impact on carers and the persons for whom they
care; and
any person, body or class of person prescribed by the
regulations.
However, the Bill will not apply to family day care services,
children's services, education and care services, preschool
programs or Government and non-Government schools.
Clause 6 provides that if there is an inconsistency between this Bill and
any other Act, the other Act will prevail.
Clause 7 sets out the principles relating to carers.
Clause 8 sets out the principles relating to persons being cared for.
Clause 9 sets out the principles relating to care relationships and relate to
both the carer and the person being cared for.
Clause 10 provides that the care relationship principles set out in clauses 7,
8 and 9 do not create or confer on any person any right or
entitlement enforceable at law.
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Clause 11 sets out the obligations of care support organisations. Under the
Bill, a care support organisation must take all practicable
measures to--
make its employees and agents aware of, and
understand the, care relationship principles;
ensure that persons who are in care relationships and
who are receiving services from the care relationship
agency for the care relationship are aware of, an
understand, the care relationship principles; and
ensure that the care support organisation and its
employees and agents reflect the care relationship
principles in developing, providing or evaluating
support and assistance for persons in care relationships.
However, the above obligations do not create obligations on care
support organisations to provide funding or services to persons in
care relationships.
Clause 12 sets out the obligations of care support organisations with respect
to reporting. A care support organisation must include, in its
annual report, a report on its compliance with its obligations
under clause 11. The report must also include any additional
information required by the regulations.
Clause 13 provides that the Governor in Council may make regulations for
any matter or thing required or permitted by the Bill to be
prescribed or which are necessary to give effect to the Bill.
Clause 14 sets out amendments to the Disability Act 2006.
The amendments are to ensure the role of carers are recognised in
the principles of the Disability Act 2006 and are considered in
planning for persons with disabilities.
Clause 15 provides for the repeal of Part 5 of the Bill on 1 July 2013.
This repeal does not affect the continuing operation of the
amendments made by this Part (see section 15(1) of the
Interpretation of Legislation Act 1984).
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