Carers (Recognition) Act 2010 (NSW)

Carers (Recognition) Act 2010 No 20

An Act to provide for the recognition of carers; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Carers (Recognition) Act 2010.

2 Commencement This Act commences on the date of assent to this Act.

3 Objects of Act The objects of this Act are: (a) to enact a Carers Charter to recognise the role and contribution of carers to our community and to the people they care for, and (b) to increase the awareness of the valuable contribution that carers make to our community.

4 Definitions In this Act: carer—see section 5. exercise a function includes perform a duty. function includes a power, authority or duty. human service agency means a public sector agency that provides services directed at carers or persons being cared for by carers. NSW Carers Charter means the Charter set out in Schedule 1. parent, of another person, includes a person who has been allocated parental responsibility or has care responsibility for the other person under the Children and Young Persons (Care and Protection) Act 1998. public sector agency means any of the following: (a) a Division of the Government Service, (b) a local health district or statutory health corporation (within the meaning of the Health Services Act 1997), (c) the NSW Police Force, (d) a NSW Government agency or other authority of the State, (e) a local council, (f) a State owned corporation, (g) any other person or body that is prescribed by the regulations for the purposes of this definition. reporting period, for a human service agency, means a period of 12 months to which an annual report of the agency relates.

5 Meaning of "carer" (1) For the purposes of this Act, a person is a carer if the person is an individual who provides ongoing personal care, support and assistance to any other individual who needs it because that other individual: (a) is a person with disability within the meaning of the Disability Inclusion Act 2014, or (b) has a medical condition (including a terminal or chronic illness), or (c) has a mental illness, or (d) is frail and aged. (2) Despite subsection (1), a person is not a carer for the purposes of this Act in respect of care, support and assistance that the person provides: (a) under a contract of service or a contract for the provision of services, or (b) in the course of doing voluntary work for a charitable, welfare or community organisation, or (c) as part of the requirements of a course of education or training. (3) To avoid doubt, a person is not a carer of another person for the purposes of this Act merely because the person: (a) is the spouse or de facto partner of the person, or (b) is the parent, guardian, child or other relative of the other person, or (c) lives with the other person.