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2008-2009-2010
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
CARER RECOGNITION BILL 2010
EXPLANATORY MEMORANDUM
(Circulated by the authority of the
Minister for Families, Housing, Community Services and Indigenous Affairs,
the Hon Jenny Macklin MP)
CARER RECOGNITION BILL 2010
OUTLINE
The Carer Recognition Bill 2010 establishes a legislative framework to
increase recognition and awareness of informal carers and acknowledge the
valuable contribution they make to society.
The bill is to:
. establish a broad and encompassing definition of carer;
. establish the Statement for Australia's Carers, which states key
principles on how carers should be treated and considered;
. establish that all public service agencies should have an awareness
and understanding of the Statement for Australia's Carers and develop
internal human resources policies, in so far as they may significantly
affect an employee's caring role, with due regard to the Statement for
Australia's Carers;
. establish that public service care agencies should take action to
reflect the principles in the Statement for Australia's Carers in
developing, implementing, providing or evaluating care supports,
consult with carers and involve them in the development or evaluation
of care supports, and report on compliance with the obligations
established; and
. establish that associated providers should have an awareness and
understanding of the Statement for Australia's Carers and take action
to reflect the principles in the Statement for Australia's Carers in
developing, implementing, providing or evaluating care supports.
It is not intended that the bill establish carers' rights or create
enforceable obligations binding carers, entities affected by this
legislation, or the Commonwealth.
Financial impact statement
The bill will have no financial impact.
CARER RECOGNITION BILL 2010
NOTES ON CLAUSES
PART 1 - PRELIMINARY
Clause 1 - Short title
This clause provides for the Act to be cited as the Carer Recognition
Act 2010.
Clause 2 - Commencement
This clause provides for the Act to commence on the day it receives the
Royal Assent.
Clause 3 - Object of Act
This clause provides that the object of the Act is to increase recognition
and awareness of carers and to acknowledge the valuable contribution they
make to society.
Clause 4 - Definitions
This clause sets out the defined terms used in the bill.
In particular, subclause (1) provides:
agent includes a contractor.
annual report means, in relation to a public service care agency, an annual
report relating to the activities of the public service care agency that is
required by a provision of the Public Service Act 1999, or by a provision
of another Act that establishes the agency.
associated provider has the meaning given by subclause (2).
carer - see clause 5.
care supports means policies, programs or services directed to carers or
the people for whom they care.
public service agency means an Agency within the meaning of the Public
Service Act 1999.
A public service agency is defined as follows by the Public Service
Act 1999: 'Agency means:
(a) a Department; or
(b) an Executive Agency; or
(c) a Statutory Agency.'
public service care agency means a public service agency that is
responsible for developing, implementing, providing or evaluating care
supports.
reporting period means, in relation to a public service care agency, a
period of 12 months to which an annual report of the agency relates.
Statement for Australia's Carers - see clause 6.
Subclause 4(2) provides that, if a public service care agency enters into a
contract or funding arrangement with another person or body (called the
first entity) for the first entity to develop, implement, provide or
evaluate care supports (called the funded activities), then the first
entity is an associated provider in relation to the funded activities.
Also, if the first entity enters into a contract or funding arrangement
with another person or body (called the second entity) for the second
entity to undertake all or part of the funded activities, then the second
entity is an associated provider in relation to the funded activities or
the part of the funded activities (as the case requires).
Subclause 4(3) provides that subclause 4(2) does not apply to a contract or
funding arrangement that a public service care agency, or another person or
body, enters into with a State or Territory.
Clause 5 - Meaning of carer
This clause defines carer for the purposes of this bill.
Subclause 5(1) adopts a broad definition of carer. The definition
encompasses all people who provide personal care, support and assistance to
individuals who need support due to disability, a medical condition,
including a terminal or chronic illness, mental illness or fragility due to
age.
Subclause 5(2) provides that an individual is not a carer for the purpose
of the bill in respect of care, support or assistance they provide:
. under a contract of service or a contract for the provision of
services; or
. in the course of doing voluntary work for a charitable, welfare or
community organisation; or
. as part of the requirements of a course of education or training.
This subclause means that an individual is not a carer for the purpose of
this bill if they only provide care under these circumstances.
Subclause 5(3) provides, to avoid doubt, that an individual is not a carer
simply because they:
. are the spouse, de facto partner, parent or other relative or guardian
of an individual; or
. live with an individual who requires care.
For example, a foster carer is not a carer for the purpose of the bill,
unless the child being cared for needs support due to disability, a medical
condition, including a terminal or chronic illness, or mental illness.
PART 2 - THE STATEMENT FOR AUSTRALIA'S CARERS
Clause 6 - The Statement for Australia's Carers
This clause provides that the Statement for Australia's Carers is set out
in Schedule 1.
PART 3 - OBLIGATIONS OF PUBLIC SERVICE CARE AGENCIES AND ASSOCIATED
PROVIDERS
Clause 7 - Obligations of all public service agencies
Subclause 7(1) provides that each public service agency is to take all
practicable measures to ensure that their employees and agents have
awareness and understanding of the Statement for Australia's Carers.
Subclause 7(2) provides that each public service agency is to develop
internal human resources policies, in so far as they may significantly
affect an employee's caring role, with due regard to the Statement for
Australia's Carers.
Clause 8 - Additional obligations of public service care agencies
This clause places additional obligations on public service care agencies
as they have responsibility for policies, programs and services directed to
carers or the people for whom they care and, as such, have a significant
impact on the role of carers.
Subclause 8(1) provides that each public service care agency is to take all
practicable measures to ensure that it, and its employees and agents, take
action to reflect the principles of the Statement for Australia's Carers
when developing, implementing, providing or evaluating care supports (as
defined).
Subclause 8(2) provides that public service care agencies are required to
consult carers, or bodies that represent carers, on the development and
evaluation of care supports (as defined).
Subclause 8(3) provides that each public service care agency must, in its
annual report for each reporting period to which this proposed section
applies, report on its compliance as regards clause 7 and this clause in
that period.
Subclause 8(4) provides that subclause 8(3) applies, in relation to a
particular public service care agency, to the first full reporting period
of the agency that starts on or after the commencement of the bill, and all
subsequent reporting periods of the agency.
Clause 9 - Obligations of associated providers
Clause 9 provides that each associated provider is to take all practicable
measures to ensure that its officers, employees and agents have awareness
and understanding of the Statement for Australia's Carers and take action
to reflect its principles in developing, implementing, providing or
evaluating care supports (as defined).
PART 4 - OTHER MATTERS
Clause 10 - Act does not create legally enforceable obligations etc.
Subclause 10(1) provides that the bill does not create rights or duties
that are legally enforceable in judicial or other proceedings.
Subclause 10(2) provides that a failure to comply with the bill does not
affect the validity of any decision, and is not a ground for the review or
challenge of any decision. For example, this bill would not affect a
decision made about an individual's qualification for carer payment under
the Social Security Act 1991.
Subclause 10(3) provides that, if a public service agency, or an associated
provider, is required by another law of the Commonwealth, or by a law of a
State or Territory, to consider particular matters, or to comply with
particular requirements, in the exercise of its functions or powers,
nothing in this bill is to be taken to require the public service care
agency, or the associated provider, to act inconsistently with that law.
Clause 11 - Act not intended to exclude similar State or Territory laws
This clause provides that the bill is not to prevail over any State or
Territory legislation that establishes a Carers Charter (however described)
or that otherwise provides for the recognition of carers.
Clause 12 - Regulations
This clause provides a power for the Governor-General to make regulations
necessary and convenient for carrying into effect any provision of the
bill.
SCHEDULE 1 - THE STATEMENT FOR AUSTRALIA'S CARERS
This Schedule includes the Statement for Australia's Carers, which is
referred to in clause 6 of the bill.
The Statement for Australia's Carers will not create rights, but will
instead establish key principles to provide guidance on how carers should
be treated and considered by public service agencies and associated
providers. Public service care agencies and associated providers should
reflect the principles in the statement when developing, implementing,
providing and evaluating care supports (as defined).