Carers Recognition Act 2005 (SA)

South Australia Carers Recognition Act 2005 An Act to provide for the recognition of carers; and for other purposes.

Contents 1 Short title 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 Legislative history

The Parliament of South Australia enacts as follows: 1—Short title This Act may be cited as the Carers Recognition Act 2005. 3—Objects 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. 4—Interpretation 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; domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not; public sector agency means a public sector agency within the meaning of the Public Sector Act 2009; relevant services means services relevant to carers and the persons they care for; reporting organisation means— (a) an administrative unit of the Public Service that provides relevant services; or (b) any other person or body declared by regulation to be a reporting organisation; spouse—a person is the spouse of another if they are legally married. 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 Inclusion Act 2018; 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, domestic 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, the Children and Young People (Safety) Act 2017 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. 8—Regulations The Governor may make regulations as contemplated by this Act, or as necessary or expedient for the purposes of this Act. 9—Review of 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.