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This is a Bill, not an Act. For current law, see the Acts databases.
House of Assembly—No 134
As laid on the table and read a first time, 14 September
2005
South Australia
A Bill For
An Act to provide for the recognition of carers; and for
other purposes.
Contents
1 Short title
2 Commencement
3 Objects
4 Interpretation
5 Meaning of carer
6 Obligations of applicable
organisations relating to Carers Charter
7 Reporting by reporting organisation
8 Regulations
9 Review of Act
Schedule 1—South Australian Carers Charter
1 Carers have choices within their
caring role
2 Carers health and well-being is
critical to the community
3 Carers play a critical role in
maintaining the fabric of society
4 Service providers work in
partnership with carers
5 Carers in Aboriginal and Torres
Strait Islander communities need specific consideration
6 All children and young people have
the right to enjoy life and reach their potential
7 Resources are
available to provide timely, appropriate and adequate assistance to carers
The Parliament of South Australia enacts
as follows:
This Act may be cited as the Carers Recognition Act 2005.
This Act will come into operation on a day to be fixed by
proclamation.
The objects of this Act are—
(a) to recognise and support carers and their role in the
community; and
(b) to provide for the reporting by organisations of the action
taken to reflect the principles of the Carers Charter in the provision of
services relevant to carers and the persons they care for.
In this Act, unless the contrary intention
appears—
applicable organisation means—
(a) a reporting organisation; or
(b) a person or body providing relevant services under a
contract with a reporting organisation (other than a contract of employment);
or
(c) any other person or body declared by regulation to be an
applicable organisation;
carer—see section 5;
Carers Charter means the South Australian Carers Charter set out in Schedule 1;
public sector agency means a public sector agency within the
meaning of the Public Sector Management Act 1995;
relevant services means services relevant to carers and the
persons they care for;
reporting organisation means—
(a) a public service administrative unit within the meaning of
the Public Sector Management Act 1995 that provides relevant
services; or
(b) any other person or body declared by regulation to be a
reporting organisation.
5—Meaning of carer
(1) Subject to this section, a person is a carer
for the purposes of this Act if he or she is a natural person who provides
ongoing care or assistance to—
(a) a person who has a disability within the meaning of the Disability
Services Act 1993; or
(b) a person who has a chronic illness, including a mental
illness within the meaning of the Mental Health Act 1993; or
(c) a person who, because of frailty, requires assistance with
the carrying out of everyday tasks; or
(d) a person of a class prescribed by regulation.
(2) A person is not a carer if the person
provides the care or assistance—
(a) under a contract for services or a contract of service; or
(b) in the course of doing community work organised by a
community organisation within the meaning of the Volunteers Protection
Act 2001.
(3) A person is not a carer for the purposes of
this Act only because the person—
(a) is a spouse, de facto partner, parent or guardian of the
person to whom the care or assistance is being provided; or
(b) provides care to a child who has been placed in the care of
that person under the Children's Protection Act 1993 or any other
Act.
6—Obligations of applicable organisations relating to Carers Charter
(1) An
applicable organisation must take all practicable measures to ensure that the
organisation and its officers, employees or agents have an awareness and
understanding of the Carers Charter and take action to reflect the principles
of the Charter in the provision of the relevant services of that organisation.
(2) Without limiting subsection (1), an
applicable organisation that is a public sector agency must consult carers, or
persons or bodies that represent carers, in—
(a) policy or program development; or
(b) strategic or operational planning,
relevant to carers and the persons they care for.
7—Reporting by reporting organisation
(1) A reporting organisation must prepare a
report on—
(a) the organisation's compliance or non-compliance with section
6; and
(b) if a person or body provides relevant services under a
contract with the organisation (other than a contract of employment), that
person's or body's compliance or non-compliance with section 6.
(2) The report required by this section must—
(a) include information prescribed by regulation; and
(b) be incorporated with the annual report of the reporting
organisation and relate to the period to which the annual report relates.
The Governor may make regulations as contemplated by this Act, or
as necessary or expedient for the purposes of this Act.
(1) The
Minister must, as soon as practicable after the fifth anniversary of the
commencement of this Act, carry out a review of the operation and effectiveness
of this Act.
(2) The
Minister is to prepare a report based on the review and, as soon as practicable
after the report is prepared (and in any event not more than 12 months after
the expiration of the 5 year period referred to in subsection (1)), have
copies of the report laid before both Houses of Parliament.
Schedule 1—South Australian Carers Charter
1—Carers have choices within their caring role
(1) Carers
should have the same rights, choices and opportunities as other South
Australians.
(2) Carers
should be supported by individuals, families, business and community
organisations, public institutions and all levels of government in the choices
they make in their caring role.
2—Carers health and well-being is critical to the community
(1) Carers
are entitled to enjoy optimum health, social, spiritual and economic well-being
and to participate in family, social and community life, employment and
education.
(2) Carers
should be supported to balance their caring role with their own needs.
3—Carers play a critical role in maintaining the fabric of society
(1) Carers
should be recognised and valued for their important contribution to the
well-being of the Australian community.
(2) Carers
should be recognised for their unique experience and knowledge in the caring
role.
4—Service providers work in partnership with carers
(1) Caring
is a social and public responsibility shared by individuals, families, business
and community organisations, public institutions and all levels of government.
(2) Carers
should be recognised as individuals with their own needs, within and beyond the
caring situations.
(3) The
relationship between a carer and the person they care for needs to be respected
and honoured.
(4) The
role of carers must be recognised by including carers in the assessment,
planning, delivery and review of services that impact on them and the role of
carers.
(5) 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.
5—Carers in Aboriginal and Torres Strait Islander communities need specific consideration
(1) Aboriginal
and Torres Strait Islander carers should be specifically identified and
supported within and outside their communities.
(2) Aboriginal
and Torres Strait Islander carers should be supported by business and community
organisations, public institutions and all levels of government.
(3) Aboriginal
and Torres Strait Islander carers should be provided with culturally appropriate
support services that take into account the history, health and well-being of
their extended families.
6—All children and young people have the right to enjoy life and reach their potential
(1) Children
and young people who are carers should be specifically identified and supported
by individuals, business and community organisations, public institutions and
all levels of government.
(2) The
special needs of children and young people who are carers and the unique barriers
to their access to service provision should be recognised and acted on so that,
as far as possible, they have the same opportunities as other children and
young people in Australia.
(3) The
caring responsibilities of children and young people who are carers should be
minimised.
7—Resources are available to provide timely, appropriate and adequate assistance to carers
(1) Carers
need access to a wide range of responsive, affordable services to ensure
informed decision making and support for them in their caring situation.
(2) Carers
from culturally and linguistically diverse backgrounds may have complex needs
that require appropriate service delivery.
(3) Carers in rural and remote communities have barriers to service provision.