{"id":"C2010A00123","name":"Carer Recognition Act 2010","slug":"carer-recognition-act-2010","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"123 of 2010","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":436258,"registerId":"C2010A00123-fast-fetch-1775953502855","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Carer Recognition Act 2010","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.png)\n\n \n\n \n\n \n\n \n\n \n\n \n\nCarer Recognition Act 2010\n\n \n\nNo. 123, 2010\n\n \n\n \n\n \n\n \n\n \n\nAn Act to provide for the recognition of carers, and for related purposes\n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1 Short title\n\n2 Commencement\n\n3 Object of Act\n\n4 Definitions\n\n5 Meaning of carer\n\nPart 2—The Statement for Australia’s Carers\n\n6 The Statement for Australia’s Carers\n\nPart 3—Obligations of public service agencies and associated providers\n\n7 Obligations of all public service agencies\n\n8 Additional obligations of public service care agencies\n\n9 Obligations of associated providers\n\nPart 4—Other matters\n\n10 Act does not create legally enforceable obligations etc.\n\n11 Act not intended to exclude similar State or Territory laws\n\n12 Regulations\n\nSchedule 1—The Statement for Australia’s Carers\n\n \n\n![](image.001.png)\n\n \n\n \n\nCarer Recognition Act 2010\n\nNo. 123, 2010\n\n \n\n \n\n \n\nAn Act to provide for the recognition of carers, and for related purposes\n\n[Assented to 18 November 2010]\n\nThe Parliament of Australia enacts:\n\nPart 1—Preliminary\n\n \n\n1  Short title\n\n  This Act may be cited as the Carer Recognition Act 2010.\n\n2  Commencement\n\n  This Act commences on the day this Act receives the Royal Assent.\n\n3  Object of Act\n\n  The object of this Act is to increase recognition and awareness of carers and to acknowledge the valuable contribution they make to society.\n\n4  Definitions\n\n (1) In this Act:\n\nagent includes a contractor.\n\nannual report, in relation to a public service care agency, means an annual report relating to the activities of the agency that is required by a provision of the Public Service Act 1999, or by a provision of another Act that establishes the agency.\n\nassociated provider has the meaning given by subsection (2).\n\ncarer: see section 5.\n\ncare supports means policies, programs or services directed to carers or the persons for whom they care.\n\npublic service agency means an Agency within the meaning of the Public Service Act 1999.\n\npublic service care agency means a public service agency that is responsible for the development, implementation, provision or evaluation of care supports.\n\nreporting period, in relation to a public service care agency, means a period of 12 months to which an annual report of the agency relates.\n\nStatement for Australia’s Carers: see section 6.\n\n (2) If a public service care agency enters into a contract or funding arrangement with another person or body (the first entity) for the first entity to develop, implement, provide or evaluate care supports (the funded activities):\n\n (a) the first entity is an associated provider in relation to the funded activities; and\n\n (b) if the first entity enters into a contract or funding arrangement with another person or body (the second entity) for the second entity to undertake all or part of the funded activities—the second entity is an associated provider in relation to the funded activities or the part of the funded activities (as the case requires).\n\n (3) Subsection (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.\n\n5  Meaning of carer\n\n (1) For the purpose of this Act, a carer is an individual who provides personal care, support and assistance to another individual who needs it because that other individual:\n\n (a) has a disability; or\n\n (b) has a medical condition (including a terminal or chronic illness); or\n\n (c) has a mental illness; or\n\n (d) is frail and aged.\n\n (2) An individual is not a carer in respect of care, support and assistance he or she provides:\n\n (a) under a contract of service or a contract for the provision of services; or\n\n (b) in the course of doing voluntary work for a charitable, welfare or community organisation; or\n\n (c) as part of the requirements of a course of education or training.\n\n (3) To avoid doubt, an individual is not a carer merely because he or she:\n\n (a) is the spouse, de facto partner, parent, child or other relative of an individual, or is the guardian of an individual; or\n\n (b) lives with an individual who requires care.\n\n\n\n\nPart 2—The Statement for Australia’s Carers\n\n \n\n6  The Statement for Australia’s Carers\n\n  The Statement for Australia’s Carers is set out in Schedule 1.\n\n\n\n\nPart 3—Obligations of public service agencies and associated providers\n\n \n\n7  Obligations of all public service agencies\n\n (1) Each public service agency is to take all practicable measures to ensure that its employees and agents have an awareness and understanding of the Statement for Australia’s Carers.\n\n (2) Each public service agency’s internal human resources policies, so far as they may significantly affect an employee’s caring role, are to be developed having due regard to the Statement for Australia’s Carers.\n\n8  Additional obligations of public service care agencies\n\n (1) 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 in developing, implementing, providing or evaluating care supports.\n\n (2) Each public service care agency is to consult carers, or bodies that represent carers, when developing or evaluating care supports.\n\n (3) Each public service care agency must prepare a report on its compliance with section 7 and this section in each reporting period. The report must be included in the agency’s annual report for the reporting period.\n\n (4) Subsection (3) applies, in relation to a particular public service care agency, to:\n\n (a) the first full reporting period of the agency that starts on or after the commencement of this Act; and\n\n (b) all subsequent reporting periods of the agency.\n\n9  Obligations of associated providers\n\n  Each associated provider is to take all practicable measures to ensure that:\n\n (a) its officers, employees and agents have an awareness and understanding of the Statement for Australia’s Carers; and\n\n (b) it, and its officers, employees and agents, take action to reflect the principles of the Statement in developing, implementing, providing or evaluating care supports.\n\n\n\n\nPart 4—Other matters\n\n \n\n10  Act does not create legally enforceable obligations etc.\n\n (1) This Act does not create rights or duties that are legally enforceable in judicial or other proceedings.\n\n (2) A failure to comply with this Act does not affect the validity of any decision, and is not a ground for the review or challenge of any decision.\n\n (3) 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 Act is to be taken to require the agency, or the associated provider, to act inconsistently with that law.\n\n11  Act not intended to exclude similar State or Territory laws\n\n  This Act is not intended to apply to the exclusion of any law of a State or Territory that establishes a Carers Charter (however described), or that otherwise provides for the recognition of carers.\n\n12  Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n\n (a) required or permitted by this Act to be prescribed; or\n\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n\nSchedule 1—The Statement for Australia’s Carers\n\nNote: See section 6.\n\n \n\n 1 All carers should have the same rights, choices and opportunities as other Australians, regardless of age, race, sex, disability, sexuality, religious or political beliefs, Aboriginal or Torres Strait Islander heritage, cultural or linguistic differences, socioeconomic status or locality.\n\n 2 Children and young people who are carers should have the same rights as all children and young people and should be supported to reach their full potential.\n\n 3 The valuable social and economic contribution that carers make to society should be recognised and supported.\n\n 4 Carers should be supported to enjoy optimum health and social wellbeing and to participate in family, social and community life.\n\n 5 Carers should be acknowledged as individuals with their own needs within and beyond the caring role.\n\n 6 The relationship between carers and the persons for whom they care should be recognised and respected.\n\n 7 Carers should be considered as partners with other care providers in the provision of care, acknowledging the unique knowledge and experience of carers.\n\n 8 Carers should be treated with dignity and respect.\n\n 9 Carers should be supported to achieve greater economic wellbeing and sustainability and, where appropriate, should have opportunities to participate in employment and education.\n\n 10 Support for carers should be timely, responsive, appropriate and accessible.\n\n \n\n \n\n [Minister’s second reading speech made in—\n\nHouse of Representatives on 29 September 2010\n\nSenate on 25 October 2010]\n\n(205/10)\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"No. The Act's operational scope aligns with its stated object (s3): it places awareness, consultation and reporting duties on Commonwealth public service agencies, public service care agencies and their associated providers (ss6–9), excludes contracts with States/Territories (s4(3)), preserves State/Territory carer charters (s11) and expressly disclaims legally enforceable rights (s10)."},"complexity_factors":["Multiple defined actor categories: public service agency, public service care agency, associated provider (ss4,5)","Vague standard: duty to take \"all practicable measures\" creates discretionary compliance scope (ss7,8,9)","Reporting and consultation obligations layered onto existing annual report regimes (s8(3))","Non‑justiciable nature: duties are expressly not legally enforceable (s10)","Interaction and carve‑outs with State/Territory laws and contracts (s4(3), s11)","Normative Statement (Schedule 1) is broad and principle‑based rather than prescriptive (s6, Schedule 1)","Potential compliance burdens for contracted providers due to associated provider definition and downstream contracting (s4(2))","Regulatory power to prescribe details may increase implementation complexity (s12)"],"plain_english_summary":"This Act requires Australian Government agencies and their contractors to take practicable measures to be aware of and reflect the Statement for Australia’s Carers when developing or delivering care supports, and requires public service care agencies to consult carers and report on compliance in their annual reports (ss6–9). Affected parties—Commonwealth public service agencies, public service care agencies and associated providers—bear the administrative and compliance costs; the Act creates non‑binding duties and does not give rise to enforceable legal rights or invalidate decisions (s10)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of recognising carers and creating awareness obligations for public service agencies. The scope has not expanded beyond this symbolic/declaratory function."},"complexity_factors":["Short statute with only 12 sections plus a Schedule","Minimal cross-referencing — primarily references the Public Service Act 1999 for definitions","Straightforward conditional logic with clear exclusions in section 5 (3 exclusion categories for who is not a carer)","Simple structure: definitions → statement → obligations → limitations","Only 10 defined terms in section 4, plus the 'carer' definition in section 5","No nested exceptions or complex temporal provisions","Obligations are broad ('all practicable measures') rather than prescriptive technical requirements","Single Schedule containing non-technical aspirational principles rather than operational rules"],"plain_english_summary":"This law is about recognising and supporting people who care for family members or friends with disabilities, illnesses, or age-related frailty.\n\n**What it does:**\n- **Defines who counts as a 'carer'** — someone who provides personal care to another person because that person has a disability, medical condition, mental illness, or is frail and aged. Importantly, it excludes paid workers, volunteers, and students doing course requirements. Just being related to someone who needs care doesn't automatically make you a carer.\n\n- **Creates a 'Statement for Australia's Carers'** — a set of 10 principles about how carers should be treated, including that they should have dignity, access to employment and education, timely support, and recognition as partners in care decisions.\n\n- **Sets obligations for government agencies** — specifically:\n  - **All public service agencies** must make sure staff know about the Statement and consider it when making HR policies that affect employees with caring responsibilities.\n  - **Agencies that provide care services** must go further: they must actively apply the Statement's principles, consult with carers when designing services, and report publicly on their compliance.\n  - **Contractors and funded organisations** (called 'associated providers') who deliver care services on behalf of government must also follow the Statement.\n\n**Why it matters:**\nThere are millions of unpaid carers in Australia — often family members — who save the government billions in care costs. This law doesn't give carers new legal rights they can enforce in court, but it creates a framework to push government agencies to think about carers when making policies and delivering services. It's essentially a 'nudge' law — it sets expectations and requires transparency through reporting, hoping to improve how carers are treated across the public service.\n\n**Key limitation:**\nThe law explicitly says it **does not create legally enforceable rights**. If an agency ignores it, you can't sue them. It's about cultural change and accountability through reporting, not legal enforcement."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/carer-recognition-act-2010","history":"/api/acts/carer-recognition-act-2010/history","analysis":"/api/acts/carer-recognition-act-2010/analysis","conflicts":"/api/acts/carer-recognition-act-2010/conflicts","importantCases":"/api/acts/carer-recognition-act-2010/important-cases","documents":"/api/acts/carer-recognition-act-2010/documents"}}