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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Carers Recognition Bill 2012
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 2
3 Definitions 2
4 Meaning of care relationship 3
5 Application 5
6 Application of Act to other laws 6
PART 2--CARE RELATIONSHIP PRINCIPLES 7
7 Principles relating to carers 7
8 Principles relating to persons being cared for 8
9 Principles relating to care relationships 8
10 Legal rights not affected 8
PART 3--OBLIGATIONS REGARDING CARERS AND CARE
RELATIONSHIPS 9
11 Obligations of care support organisations 9
12 Reporting obligations 9
PART 4--GENERAL 11
13 Regulations 11
PART 5--AMENDMENTS TO THE DISABILITY ACT 2006 12
14 Amendments to the Disability Act 2006 12
15 Repeal of Part 5 of this Act 13
ENDNOTES 14
571144B.I-8/2/2012 i BILL LA INTRODUCTION 8/2/2012
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Carers Recognition Bill 2012
A Bill for an Act to provide for the recognition of people in care
relationships and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The main purposes of this Bill are to--
(a) recognise, promote and value the role of
5 people in care relationships; and
(b) recognise the different needs of persons in
care relationships; and
(c) support and recognise that care relationships
bring benefits to the persons in the care
10 relationship and to the community; and
571144B.I-8/2/2012 1 BILL LA INTRODUCTION 8/2/2012
Carers Recognition Bill 2012
Part 1--Preliminary
s. 2
(d) enact care relationship principles to promote
understanding of the significance of care
relationships.
2 Commencement
5 (1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 July 2012, it comes into
operation on that day.
10 3 Definitions
In this Act--
care means the provision of ongoing support,
assistance or personal care to another person;
care relationship has the meaning referred to in
15 section 4;
care relationship principles mean the principles
set out in Part 2;
care support organisation means a person or
body that is bound by the application of this
20 Act under section 5;
carer means a person, including a person under
the age of 18 years, who provides care to
another person with whom he or she is in a
care relationship;
25 disability has the same meaning as in the
Disability Act 2006;
funded care agency means a person or body that
is funded by a public service care agency and
has responsibility for programs or services
30 that directly impact on carers and the persons
for whom they care;
571144B.I-8/2/2012 2 BILL LA INTRODUCTION 8/2/2012
Carers Recognition Bill 2012
Part 1--Preliminary
s. 4
personal care has the same meaning as special or
personal care has in the Health Services
Act 1988;
public service care agency means--
5 (a) a public service body within the
meaning of the Public Administration
Act 2004; or
(b) a council within the meaning of the
Local Government Act 1989; or
10 (c) 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
15 carers and the persons for whom they care.
4 Meaning of care relationship
(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
20 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
25 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
30 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
571144B.I-8/2/2012 3 BILL LA INTRODUCTION 8/2/2012
Carers Recognition Bill 2012
Part 1--Preliminary
s. 4
(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
5 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
10 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
15 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.
20 (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
25 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
30 course or training.
571144B.I-8/2/2012 4 BILL LA INTRODUCTION 8/2/2012
Carers Recognition Bill 2012
Part 1--Preliminary
s. 5
(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
5 a carer.
5 Application
(1) This Act applies to--
(a) public service care agencies; and
(b) funded care agencies; and
10 (c) any person or body that has entered into a
contract or funding arrangement with a
funded care agency to undertake all or part
of the funded care agency's responsibilities
in relation to the provision of programs or
15 services that directly impact on carers and
the persons for whom they care, but only in
relation to those activities; and
(d) any person, or class of person, or body that is
prescribed by the regulations.
20 (2) Despite subsection (1), this Act does not apply
to--
(a) family day care services within the meaning
of the Education and Care Services
National Law Act 2010;
25 (b) children's services within the meaning of the
Children's Services Act 1996;
(c) children's services within the meaning of the
Education and Care Services National
Law Act 2010;
30 (d) education and care services within the
meaning of the Education and Care
Services National Law Act 2010;
571144B.I-8/2/2012 5 BILL LA INTRODUCTION 8/2/2012
Carers Recognition Bill 2012
Part 1--Preliminary
s. 6
(e) preschool programs within the meaning of
the Education and Care Services National
Law Act 2010;
(f) Government and non-Government schools
5 within the meaning of the Education and
Training Reform Act 2006.
6 Application of Act to other laws
If there is any inconsistency between this Act
(other than section 12) and any other Act, the
10 provisions of the other Act prevail.
__________________
571144B.I-8/2/2012 6 BILL LA INTRODUCTION 8/2/2012
Carers Recognition Bill 2012
Part 2--Care Relationship Principles
s. 7
PART 2--CARE RELATIONSHIP PRINCIPLES
7 Principles relating to carers
A carer should--
(a) be respected and recognised--
5 (i) as an individual with his or her own
needs; and
(ii) as a carer; and
(iii) as someone with special knowledge of
the person in his or her care; and
10 (b) be supported as an individual and as a carer,
including during changes to the care
relationship; and
(c) be recognised for his or her efforts and
dedication as a carer and for the social and
15 economic contribution to the whole
community arising from his or her role as a
carer; and
(d) if appropriate, have his or her views and
cultural identity taken into account, together
20 with the views, cultural identity, needs and
best interests of the person for whom he or
she is a carer, in matters relating to the care
relationship, including when decisions are
made that impact on the carer and the care
25 relationship; and
(e) have his or her social wellbeing and health
recognised in matters relating to the care
relationship; and
(f) have the effect of his or her role as a carer on
30 his or her participation in employment and
education recognised and considered in
decision making.
571144B.I-8/2/2012 7 BILL LA INTRODUCTION 8/2/2012
Carers Recognition Bill 2012
Part 2--Care Relationship Principles
s. 8
8 Principles relating to persons being cared for
A person being cared for in a care relationship
should--
(a) be respected, recognised and supported as an
5 individual and as a person in a care
relationship, including during changes to the
care relationship; and
(b) have his or her views taken into account,
together with his or her needs, cultural
10 identity and best interests, in how he or she
is cared for; and
(c) have his or her changing needs considered
and taken into account in how he or she is
cared for.
15 9 Principles relating to care relationships
A person in a care relationship should--
(a) have his or her care relationship respected
and honoured; and
(b) if appropriate, have his or her views
20 considered in the assessment, planning,
delivery, management and review of services
affecting him or her and the care
relationship.
10 Legal rights not affected
25 The care relationship principles set out in this Part
do not create, or confer on any person, any right
or entitlement enforceable at law.
__________________
571144B.I-8/2/2012 8 BILL LA INTRODUCTION 8/2/2012
Carers Recognition Bill 2012
Part 3--Obligations Regarding Carers and Care Relationships
s. 11
PART 3--OBLIGATIONS REGARDING CARERS AND CARE
RELATIONSHIPS
11 Obligations of care support organisations
(1) A care support organisation must--
5 (a) take all practicable measures to ensure that
its employees and agents have an awareness
and understanding of the care relationship
principles; and
(b) take all practicable measures to ensure that
10 persons who are in care relationships and
who are receiving services in relation to the
care relationship from the care support
organisation have an awareness and
understanding of the care relationship
15 principles; and
(c) take all practicable measures to ensure that
the care support organisation and its
employees and agents reflect the care
relationship principles in developing,
20 providing or evaluating support and
assistance for persons in care relationships.
(2) Nothing in this section creates any obligation on a
care support organisation to provide funding or
services to persons in care relationships.
25 12 Reporting obligations
(1) Despite anything to the contrary in any other Act,
a care support organisation must prepare a report
on its compliance with its obligations under
section 11.
30 (2) A report required under this section must--
(a) be included in the care support organisation's
annual report; and
(b) relate to the period to which the annual
report relates; and
571144B.I-8/2/2012 9 BILL LA INTRODUCTION 8/2/2012
Carers Recognition Bill 2012
Part 3--Obligations Regarding Carers and Care Relationships
s. 12
(c) include any additional information required
by the regulations.
__________________
571144B.I-8/2/2012 10 BILL LA INTRODUCTION 8/2/2012
Carers Recognition Bill 2012
Part 4--General
s. 13
PART 4--GENERAL
13 Regulations
(1) The Governor in Council may make regulations
for or with respect to any matter or thing required
5 or permitted by this Act to be prescribed or
necessary to be prescribed to give effect to this
Act.
(2) Without limiting subsection (1), the Governor in
Council may make regulations for or with respect
10 to--
(a) prescribing persons or bodies to whom this
Act is to apply; and
(b) prescribing information to be included in
reports of care support agencies.
15 (3) Regulations made under this Act may--
(a) be of general or limited application;
(b) differ according to differences in time, place
or circumstance;
(c) confer a discretionary authority or impose a
20 duty on a specified person or body or a
specified class of person or body.
__________________
571144B.I-8/2/2012 11 BILL LA INTRODUCTION 8/2/2012
Carers Recognition Bill 2012
Part 5--Amendments to the Disability Act 2006
s. 14
PART 5--AMENDMENTS TO THE DISABILITY ACT 2006
See: 14 Amendments to the Disability Act 2006
Act No.
23/2006 (1) In section 3(1) of the Disability Act 2006 insert
and the following definition--
amending
5 Act Nos
80/2006,
"carer has the same meaning as in the Carers
25/2007, Recognition Act 2012;".
69/2009,
74/2009, (2) In section 5 of the Disability Act 2006--
91/2009,
13/2010, (a) in subsection (3)(h), after "families" insert ",
29/2010,
29/2011 and carers"; and
83/2011.
10 LawToday: (b) in subsection (3)(i), after "families" insert
www.
legislation.
"and carers"; and
vic.gov.au
(c) after subsection (3)(j) insert--
"(ja) acknowledge the important role carers
have in assisting the people they care
15 for to realise their individual physical,
social, emotional and intellectual
capacities;"; and
(d) in subsection (3)(k), after "families" insert
"and carers"; and
20 (e) in subsection (3)(l), after "other persons"
insert "(including carers)".
(3) In section 7(4)(a) of the Disability Act 2006, after
"family member," insert "carer,".
(4) In section 52(2) of the Disability Act 2006--
25 (a) in paragraph (c), after "family" insert ",
carers"; and
(b) in paragraph (d), for "within families"
substitute "of families and carers".
571144B.I-8/2/2012 12 BILL LA INTRODUCTION 8/2/2012
Carers Recognition Bill 2012
Part 5--Amendments to the Disability Act 2006
s. 15
15 Repeal of Part 5 of this Act
This Part is repealed on 1 July 2013.
Note
The repeal of this Part does not affect the continuing operation of
5 the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
571144B.I-8/2/2012 13 BILL LA INTRODUCTION 8/2/2012
Carers Recognition Bill 2012
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
571144B.I-8/2/2012 14 BILL LA INTRODUCTION 8/2/2012
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