Victorian Current Acts

CARERS RECOGNITION ACT 2012 - SECT 4

    (1)     For the purposes of this Act, a person is in a care relationship if he or she provides another person, or receives from another person, care because one of the persons in the relationship—

        (a)     has a disability; or

        (b)     is older; or

        (c)     has a mental illness; or

        (d)     has an ongoing medical condition (including a terminal or chronic illness or dementia).

    (2)     Despite subsection (1), the following relationships are also care relationships" "for the purposes of this Act—

        (a)     a relationship 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 ; and

        (b)     a relationship where a child is placed with an individual who provides care to that child under a child care agreement made under Part 3.5 of the Children, Youth and Families Act 2005 ; and

        (c)     a relationship 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 .

    (3)     For the purposes of this Act, a person is not in a care relationship with another person merely because he or she—

        (a)     is the spouse, or the domestic partner within the meaning of the Children, Youth and Families Act 2005 , of the other person; or

        (b)     is the parent, child or other relative of the other person; or

        (c)     lives with the other person.

    (4)     Despite anything to the contrary in this section, a person is not in a care relationship for the purposes of this Act if he or she provides care to another person—

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

        (b)     under an employment contract; or

        (c)     in the course of doing voluntary work for a community organisation; or

        (d)     as part of the requirements of an education course or training.

    (5)     A person described in subsection (1) or (2) may be in a care relationship even if the person receives funding from either the Commonwealth or State Government in relation to carrying out the role of a carer.