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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Carers Recognition Bill 2004
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Object of Act 2
4. Terms used in this Act 2
5. Meaning of "carer" 3
Part 2 -- Compliance with the Carers
Charter
6. Applicable organisations to ensure compliance with
the Carers Charter 4
7. Reports to the Council 4
Part 3 -- Carers Advisory Council
Division 1 -- Establishment and functions
8. Carers Advisory Council established 6
9. Functions of the Council 6
10. Reports to the Minister 7
11. Powers, generally 7
12. Minister may give directions 7
13. Minister to have access to information 8
Division 2 -- Ancillary and procedural matters
14. Term of office 9
15. Casual vacancy 9
16. Chairman 10
17. Remuneration and allowances 11
18. Presiding at meetings 11
19. Procedure at meetings 11
310--1 page i
Carers Recognition Bill 2004
Contents
20. Minutes 11
Part 4 -- Miscellaneous
21. Regulations 12
22. Review of Act 12
Part 5 -- Amendments to other Acts
Division 1 -- Amendments to the Disability
Services Act 1993
23. The Act amended 13
24. Section 3 amended 13
25. Section 3A inserted 13
26. Section 30 amended 14
27. Section 32 amended 14
28. Section 33 amended 15
29. Section 40 amended 15
Division 2 -- Amendments to the Health Services
(Conciliation and Review) Act 1995
30. The Act amended 15
31. Section 3 amended 16
32. Section 19 amended 16
33. Section 25 amended 16
34. Section 30 amended 17
Schedule 1 -- The Western Australian
Carers Charter 18
Schedule 2 -- Applicable organisations
Division 1 -- Reporting organisations 19
Division 2 -- Other organisations 19
Defined Terms
page ii
Western Australia
LEGISLATIVE ASSEMBLY
Carers Recognition Bill 2004
A Bill for
An Act to provide for the recognition of carers by certain persons
and bodies, to amend the Disability Services Act 1993 and the Health
Services (Conciliation and Review) Act 1995, and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Carers Recognition Bill 2004
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Carers Recognition Act 2004.
2. Commencement
5 This Act comes into operation on a day fixed by proclamation.
3. Object of Act
The object of this Act is --
(a) to recognise the role of carers in the community; and
(b) to provide a mechanism for the involvement of carers in
10 the provision of services that impact on carers and the
role of carers.
4. Terms used in this Act
In this Act, unless the contrary intention appears --
"applicable organisation" means a person or body specified in,
15 or prescribed under, Schedule 2;
"carer" has the meaning given to that term in section 5;
"Carers Charter" means the Western Australian Carers
Charter set out in Schedule 1;
"Council" means the Carers Advisory Council referred to in
20 section 8(1);
"public sector body" has the meaning given to that term in the
Public Sector Management Act 1994 section 3(1);
"reporting organisation" means a person or body specified in,
or prescribed under, Schedule 2 Division 1.
page 2
Carers Recognition Bill 2004
Preliminary Part 1
s. 5
5. Meaning of "carer"
(1) Except as provided in subsection (2), a person is a carer for the
purposes of this Act if he or she is an individual who provides
ongoing care or assistance to --
5 (a) a person with a disability as defined in the Disability
Services Act 1993 section 3;
(b) a person who has a chronic illness, including a mental
illness as defined in the Mental Health Act 1996
section 3;
10 (c) a person who, because of frailty, requires assistance with
carrying out everyday tasks; or
(d) a person of a prescribed class.
(2) However a person is not a carer if he or she --
(a) provides the care or assistance under a contract for
15 services (other than an agreement entered into under the
Disability Services Act 1993 section 25) or a contract of
service; or
(b) provides the care or assistance while doing community
work as defined in the Volunteers (Protection from
20 Liability) Act 2002 section 3(1).
(3) A person is not a carer for the purposes of this Act only
because --
(a) the person is a spouse, de facto partner, parent or
guardian of the person to whom the care or assistance is
25 being provided; or
(b) the person provides care to a child under an arrangement
with the chief executive officer of the department
principally assisting the Minister administering the
Child Welfare Act 1947 in the administration of that Act.
page 3
Carers Recognition Bill 2004
Part 2 Compliance with the Carers Charter
s. 6
Part 2 -- Compliance with the Carers Charter
6. Applicable organisations to ensure compliance with the
Carers Charter
(1) Subject to any other written law, an applicable organisation
5 must take all practicable measures to ensure that the
organisation and its officers, employees or agents comply with
the Carers Charter in providing a service of that organisation.
(2) Without limiting subsection (1), an applicable organisation that
is a public sector body must involve carers, or persons or bodies
10 that represent carers, in any --
(a) policy or program development; or
(b) strategic or operational planning,
that might affect carers and the role of carers.
7. Reports to the Council
15 (1) As soon as practicable after each 1 July and not later than
30 September, a reporting organisation must prepare and deliver
to the Council a report on --
(a) the performance of the organisation's obligations under
this Act;
20 (b) the organisation's compliance or non-compliance with
this Act;
(c) the organisation's compliance or non-compliance with
the Carers Charter; and
(d) the compliance or non-compliance with the Carers
25 Charter of any person or body providing a service to
others under a contract with the organisation,
during the year that ended on the preceding 30 June.
page 4
Carers Recognition Bill 2004
Compliance with the Carers Charter Part 2
s. 7
(2) The report must include --
(a) if the organisation is a public sector body, details of the
organisation's compliance or non-compliance with
section 6(2); and
5 (b) any other specific information prescribed by the
regulations.
(3) A reporting organisation may at any time report to the Council
on any matter relating to the operation of this Act.
(4) A reporting organisation must ensure that a report under this
10 section is made available to the public by publication in the
prescribed manner.
page 5
Carers Recognition Bill 2004
Part 3 Carers Advisory Council
Division 1 Establishment and functions
s. 8
Part 3 -- Carers Advisory Council
Division 1 -- Establishment and functions
8. Carers Advisory Council established
(1) The Minister is to appoint no more than 10 persons who have
5 knowledge of, and experience in, matters relevant to carers to be
the members of a body called the Carers Advisory Council.
(2) In appointing the members the Minister is to ensure that they are
chosen so as to reflect the interests of carers.
(3) Before appointing a person under subsection (1), the Minister is
10 to consult with --
(a) the Minister administering the Disability Services
Act 1993; and
(b) the Minister administering the Hospitals and Health
Services Act 1927.
15 9. Functions of the Council
(1) The functions of the Council are --
(a) to work to advance the interests of carers and promote
compliance by applicable organisations with the Carers
Charter;
20 (b) to make recommendations to the Minister on fostering
compliance by applicable organisations with the Carers
Charter;
(c) to provide general advice to the Minister on matters
relating to carers; and
25 (d) to carry out other functions as directed by the Minister.
(2) The Council may, in writing, request a reporting organisation to
provide any information relevant to the exercise of the
Council's functions.
page 6
Carers Recognition Bill 2004
Carers Advisory Council Part 3
Establishment and functions Division 1
s. 10
(3) A reporting organisation must, as far as practicable, comply
with a request under subsection (2) unless the organisation is
expressly prohibited from doing so under another written law.
10. Reports to the Minister
5 (1) As soon as practicable in each year, and whenever directed by
the Minister to do so, the Council must prepare and deliver to
the Minister a report on --
(a) the performance by reporting organisations of their
obligations under this Act;
10 (b) compliance or non-compliance by reporting
organisations with this Act; and
(c) compliance or non-compliance by reporting
organisations with the Carers Charter,
during the year which ended on the preceding 30 June.
15 (2) The report must include --
(a) details on the compliance or non-compliance with
section 6(2) by reporting organisations that are public
sector bodies; and
(b) any other information prescribed by the regulations.
20 (3) The Minister must cause the report received under
subsection (1) to be laid before each House of Parliament within
14 sitting days of that House after the Minister receives it.
11. Powers, generally
The Council has all the powers it needs to perform its functions.
25 12. Minister may give directions
(1) The Minister may give written directions to the Council with
respect to the performance of its functions, either generally or in
relation to a particular matter, and the Council is to give effect
to any such direction.
page 7
Carers Recognition Bill 2004
Part 3 Carers Advisory Council
Division 1 Establishment and functions
s. 13
(2) The Minister must cause the text of any direction given under
subsection (1) to be laid before each House of Parliament, or
dealt with under subsection (3), within 14 days after the
direction is given.
5 (3) If --
(a) at the commencement of the period referred to in
subsection (2) a House of Parliament is not sitting; and
(b) the Minister is of the opinion that that House will not sit
during that period,
10 the Minister is to transmit a copy of the direction to the Clerk of
that House.
(4) A copy of a direction transmitted to the Clerk of a House is to
be regarded as having been laid before that House.
(5) The laying of a copy of a direction that is regarded as having
15 occurred under subsection (4) is to be recorded in the Minutes,
or Votes and Proceedings, of the House on the first sitting day
of the House after the Clerk received the copy.
(6) The text of a direction given under subsection (1) is to be
included in the annual report submitted by the accountable
20 officer of the department under the Financial Administration
and Audit Act 1985 section 62.
(7) In subsection (6) --
"department" means the department principally assisting the
Minister in the administration of this Act.
25 13. Minister to have access to information
(1) In this section --
"document" includes any tape, disk or other device or medium
on which information is recorded or stored mechanically,
photographically, electronically or otherwise;
page 8
Carers Recognition Bill 2004
Carers Advisory Council Part 3
Ancillary and procedural matters Division 2
s. 14
"information" means information specified, or of a description
specified, by the Minister that relates to the functions of the
Council.
(2) The Minister is entitled --
5 (a) to have information in the possession of the Council;
and
(b) if the information is in or on a document, to have, and
make and retain copies of, that document.
(3) For the purposes of subsection (2) the Minister may --
10 (a) request the Council to furnish information to the
Minister; and
(b) request the Council to give the Minister access to
information.
(4) The Council has to comply with a request under subsection (3).
15 Division 2 -- Ancillary and procedural matters
14. Term of office
(1) The term for which a person is appointed to be a member of the
Council is to be fixed in the instrument of appointment and is to
be not longer than 2 years.
20 (2) A person's eligibility for reappointment or the term for which a
person may be reappointed is not affected by an earlier
appointment.
15. Casual vacancy
(1) A member of the Council may at any time resign from office by
25 notice in writing delivered to the Minister.
page 9
Carers Recognition Bill 2004
Part 3 Carers Advisory Council
Division 2 Ancillary and procedural matters
s. 16
(2) The Minister may terminate the appointment of a member --
(a) if, in the opinion of the Minister, the member is unable,
through illness or absence from the State, to perform the
functions of the office;
5 (b) if, in the opinion of the Minister, the member
misbehaves, neglects his or her duties, is incompetent or
has ceased to be a person who would be eligible to be
appointed to the office if it were to become vacant;
(c) if the member is an insolvent under administration, as
10 that term is defined in the Corporations Act 2001 of the
Commonwealth;
(d) if the member is absent, without leave and without
reasonable excuse, from 3 consecutive meetings of the
Council of which the member has had notice; or
15 (e) for any other act or omission that in the opinion of the
Minister may adversely affect the functioning of the
Council.
(3) If, before the term of office for which a person was appointed as
a member of the Council expires, the person dies, resigns, or is
20 removed from office, the office becomes vacant.
16. Chairman
(1) The Minister is to appoint one of the members of the Council to
be the chairman.
(2) The Council is to elect one member to be the deputy chairman.
25 (3) The deputy chairman is to perform the functions of the
chairman when the chairman is unable to do so by reason of
illness, absence or other cause, or when the office of chairman is
vacant.
page 10
Carers Recognition Bill 2004
Carers Advisory Council Part 3
Ancillary and procedural matters Division 2
s. 17
17. Remuneration and allowances
Members of the Council are entitled to any remuneration and
allowances that the Minister may from time to time determine
on the recommendation of the Minister for Public Sector
5 Management.
18. Presiding at meetings
(1) The chairman, if present, is to preside at a meeting of the
Council.
(2) If the chairman is not presiding under subsection (1), the
10 members present at the meeting are to appoint one of their
number to preside.
19. Procedure at meetings
Except as otherwise stated in this Act, the Council is to
determine its own meeting procedures.
15 20. Minutes
The Council is to cause accurate minutes to be kept of the
proceedings at its meetings.
page 11
Carers Recognition Bill 2004
Part 4 Miscellaneous
s. 21
Part 4 -- Miscellaneous
21. Regulations
The Governor may make regulations prescribing all matters that
are required or permitted by this Act to be prescribed, or are
5 necessary or convenient to be prescribed for giving effect to the
purposes of this Act.
22. Review of Act
(1) The Minister is to carry out a review of the operation and
effectiveness of this Act as soon as is practicable after the
10 expiration of 3 years from its commencement and in the course
of that review the Minister is to consider and have regard to --
(a) the effectiveness of the operations of the Council;
(b) the need for the continuation of the functions of the
Council; and
15 (c) any other matters that appear to the Minister to be
relevant to the operation and effectiveness of this Act.
(2) The Minister is to prepare a report based on the review and, as
soon as is practicable after the report is prepared (and in any
event not more than 12 months after the expiration of the 3 year
20 period referred to in subsection (1)), cause it to be laid before
each House of Parliament.
page 12
Carers Recognition Bill 2004
Amendments to other Acts Part 5
Amendments to the Disability Services Act 1993 Division 1
s. 23
Part 5 -- Amendments to other Acts
Division 1 -- Amendments to the Disability Services Act 1993
23. The Act amended
The amendments in this Division are to the Disability Services
5 Act 1993*.
[* Reprinted as at 26 May 2000.
For subsequent amendments see Western Australian
Legislation Information Tables for 2003, Table 1, p. 105.]
24. Section 3 amended
10 Section 3 is amended by inserting in the appropriate
alphabetical position --
"
"carer" has the meaning given to that term in
section 3A;
15 ".
25. Section 3A inserted
After section 3 the following section is inserted --
"
3A. Meaning of "carer"
20 (1) Except as provided in subsection (2), a person is a carer
for the purposes of this Act if he or she is an individual
who provides ongoing care or assistance to a person
with a disability.
(2) However a person is not a carer if he or she --
25 (a) provides the care or assistance under a contract
for services (other than an agreement entered
into under section 25) or a contract of service;
or
page 13
Carers Recognition Bill 2004
Part 5 Amendments to other Acts
Division 1 Amendments to the Disability Services Act 1993
s. 26
(b) provides the care or assistance while doing
community work as defined in section 3(1) of
the Volunteers (Protection from Liability)
Act 2002.
5 (3) A person is not a carer for the purposes of this Act only
because --
(a) the person is a spouse, de facto partner, parent
or guardian of a person with a disability; or
(b) the person provides care to a child with a
10 disability under an arrangement with the chief
executive officer of the department principally
assisting the Minister administering the Child
Welfare Act 1947 in the administration of
that Act.
15 ".
26. Section 30 amended
Section 30 is amended by inserting in the appropriate
alphabetical position --
"
20 "Carers Charter" has the meaning given to that term
in section 5 of the Carers Recognition Act 2004;
".
27. Section 32 amended
After section 32(3) the following subsection is inserted --
25 "
(4) A complaint alleging the matter set out in
section 33(2)(f) may be made to the Director by a carer
about a person who --
(a) is referred to in section 33(1); and
page 14
Carers Recognition Bill 2004
Amendments to other Acts Part 5
Amendments to the Health Services (Conciliation and Review) Division 2
Act 1995
s. 28
(b) is an applicable organisation as defined in
section 4 of the Carers Recognition Act 2004.
".
28. Section 33 amended
5 Section 33(2) is amended at the end of paragraph (e) by deleting
the comma and inserting instead --
"
;
(f) failed to comply with the Carers Charter,
10 ".
29. Section 40 amended
Section 40(4) is amended as follows:
(a) after paragraph (d) by deleting "and";
(b) at the end of paragraph (e) by deleting the full stop and
15 inserting instead --
"
; and
(f) the Carers Charter.
".
20 Division 2 -- Amendments to the Health Services (Conciliation
and Review) Act 1995
30. The Act amended
The amendments in this Division are to the Health Services
(Conciliation and Review) Act 1995*.
25 [* Reprinted as at 1 June 2001.
For subsequent amendments see Western Australian
Legislation Information Tables for 2003, Table 1, p. 173.]
page 15
Carers Recognition Bill 2004
Part 5 Amendments to other Acts
Division 2 Amendments to the Health Services (Conciliation and Review)
Act 1995
s. 31
31. Section 3 amended
Section 3(1) is amended by inserting in the appropriate
alphabetical position --
"
5 "carer" means a person who is a carer as defined in
section 4 of the Carers Recognition Act 2004 in
relation to a user;
".
32. Section 19 amended
10 (1) Section 19 is amended by inserting before "A" the subsection
designation "(1)".
(2) At the end of section 19 the following subsection is inserted --
"
(2) A complaint alleging a matter referred to in
15 section 25(1)(h) may be made to the Director by a
carer.
".
33. Section 25 amended
Section 25(1) is amended at the end of paragraph (g) by deleting
20 the full stop and inserting instead --
"
;
(h) a provider that is an applicable organisation as
defined in section 4 of the Carers Recognition
25 Act 2004 has failed to comply with the Carers
Charter as defined in that section.
".
page 16
Carers Recognition Bill 2004
Amendments to other Acts Part 5
Amendments to the Health Services (Conciliation and Review) Division 2
Act 1995
s. 34
34. Section 30 amended
Section 30 is amended as follows:
(a) in paragraph (a) by inserting after "user" --
" or carer, as the case may be, ";
5 (b) in paragraph (b) by inserting before "if " --
" in the case of a user, ".
page 17
Carers Recognition Bill 2004
Schedule 1 The Western Australian Carers Charter
Schedule 1 -- The Western Australian Carers Charter
[s. 4]
1. Carers must be treated with respect and dignity.
2. The role of carers must be recognised by including carers in the
5 assessment, planning, delivery and review of services that impact on
them and the role of carers.
3. 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 the role of carers.
10 4. Complaints made by carers in relation to services that impact on them
and the role of carers must be given due attention and consideration.
page 18
Carers Recognition Bill 2004
Applicable organisations Schedule 2
Schedule 2 -- Applicable organisations
[s. 4]
Division 1 -- Reporting organisations
1 The provider as defined in paragraph (c) of the definition of that term
5 in the Health Services (Conciliation and Review) Act 1995
section 3(1).
2. The Disability Services Commission referred to in the Disability
Services Act 1993 section 6.
3. A hospital board constituted under the Hospitals and Health Services
10 Act 1927 section 15, or the Minister in relation to any public hospital
controlled by the Minister under the Hospitals and Health Services
Act 1927 section 7.
4. Any other person or body prescribed for the purposes of this Division.
Division 2 -- Other organisations
15 5. A person or body providing a service to others under a contract with a
reporting organisation.
6. Any other person or body prescribed for the purposes of this Division.
page 19
Carers Recognition Bill 2004
Defined Terms
Defined Terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined Term Provision(s)
applicable organisation ..................................................................................... 4
carer................................................................................................................. 4
Carers Charter .................................................................................................. 4
Council ............................................................................................................ 4
department .................................................................................................12(7)
document ...................................................................................................13(1)
information ................................................................................................13(1)
public sector body ............................................................................................ 4
reporting organisation....................................................................................... 4
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