{"id":"tas:act-2023-001","name":"Carer Recognition Act 2023","slug":"carer-recognition-act-2023","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"1 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31499,"registerId":"tas-act-2023-001-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Carer Recognition Act 2023](/view/html/inforce/2026-04-12/act-2023-001) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This Act commences on the day on which this Act receives the Royal Assent.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Objects","content":"### 3 Objects\n\n> The objects of this Act are –\n> \n> > > (a) to formally recognise, promote and value the significant contribution of carers in the Tasmanian community; and\n> > \n> > > (b) to enact a Carers Charter and a Tasmanian Carer Action Plan; and\n> > \n> > > (c) to set out the obligations of Agencies to monitor and report in relation to the Carers Charter and the Tasmanian Carer Action Plan.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Interpretation","content":"### 4 Interpretation\n\n> In this Act, unless the contrary intention appears –\n> \n> > ***carer*** means a person who provides unpaid care and support to a family member, or friend, who –\n> > \n> > > > (a) has disability; or\n> > > \n> > > > (b) has mental ill health; or\n> > > \n> > > > (c) has a chronic or life-limiting condition; or\n> > > \n> > > > (d) has alcohol or other drug dependence; or\n> > > \n> > > > (e) is frail or aged; or\n> > > \n> > > > (f) is a child, if the person is an informal kinship carer of the child;\n> \n> > ***Carers Charter*** means the Carers Charter set out in [Schedule 1](#JS1@EN) ;\n> \n> > ***child*** means a person under 18 years of age;\n> \n> > ***Tasmanian Carer Action Plan*** means the Tasmanian Carer Action Plan, as amended from time to time, that is approved under [section 6(1)](#GS6@Gs1@EN) .","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Carers Charter and Tasmanian Carer Action Plan","content":"# Part 2 Carers Charter and Tasmanian Carer Action Plan","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Carers Charter","content":"### 5 Carers Charter\n\n> The Carers Charter is set out in [Schedule 1](#JS1@EN) .","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Tasmanian Carer Action Plan","content":"### 6 Tasmanian Carer Action Plan\n\n> > (1)  The Minister is to approve a Tasmanian Carer Action Plan.\n> \n> > (2)  The Tasmanian Carer Action Plan is a plan setting out actions to support carers, to be taken by Agencies, or persons, or entities, with an interest in supporting carers.\n> \n> > (3)  The Minister may –\n> > \n> > > > (a) amend the Tasmanian Carer Action Plan; or\n> > > \n> > > > (b) revoke and substitute the Tasmanian Carer Action Plan.\n> \n> > (4)  The Minister is to ensure that a copy of the Tasmanian Carer Action Plan, as in force from time to time, is –\n> > \n> > > > (a) provided to the chief executive officer of each Agency; and\n> > > \n> > > > (b) available for viewing by members of the public at a website of the Department.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Obligations of State Service Agencies","content":"### 7 Obligations of State Service Agencies\n\n> > (1)  Each Agency is to take reasonable steps to implement the Tasmanian Carer Action Plan and the Carers Charter.\n> \n> > (2)  Each Agency is to monitor and report to the Minister on the steps taken by the Agency to implement the Tasmanian Carer Action Plan and the Carers Charter.","sortOrder":8},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"# Part 3 Miscellaneous","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"No legal liability","content":"### 8 No legal liability\n\n> > (1)  Nothing in this Act gives rise to, or is to be taken into account in, any civil cause of action.\n> \n> > (2)  Without limiting [subsection (1)](#GS8@Gs1@EN) , nothing in this Act –\n> > \n> > > > (a) operates to create in any person any legal rights; or\n> > > \n> > > > (b) affects the validity, or provides grounds for review, of any judicial or administrative act or omission.\n> \n> > (3)  If an Agency is required by another law to consider particular matters, or to comply with particular requirements, in the performance or exercise of the Agency’s functions or powers, nothing in this Act is to be taken to require the Agency to act inconsistently with that law.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Regulations","content":"### 9 Regulations\n\n> > (1)  The Governor may make regulations for the purposes of this Act.\n> \n> > (2)  The regulations may be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Review of Act","content":"### 10 Review of Act\n\n> > (1)  The Minister is to cause a review of the operation of this Act to be completed within 5 years after the first anniversary of its commencement and every subsequent 5 years.\n> \n> > (2)  The review is to be carried out by a person who, in the Minister’s opinion, is appropriately qualified for that task.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Administration of Act","content":"### 11 Administration of Act\n\n> Until provision is made in relation to this Act by order under [section 4 of the](/view/html/inforce/2026-04-12/act-1990-004#GS4@EN) [Administrative Arrangements Act 1990](/view/html/inforce/2026-04-12/act-1990-004)  –\n> \n> > > (a) the administration of this Act is assigned to the Minister for Community Services and Development; and\n> > \n> > > (b) the department responsible to that Minister in relation to the administration of this Act is the Department of Premier and Cabinet.","sortOrder":13},{"sectionNumber":"SCHEDULE 1 - Carers Charter","sectionType":"part","heading":"SCHEDULE 1 - Carers Charter","content":"# SCHEDULE 1 - Carers Charter SCHEDULE 1 - Carers Charter\n\n[Section 5](#GS5@EN)\n\n> **1.**   Carers should be acknowledged as diverse and are to be treated as individuals with their own needs within, and beyond, their roles as carers.\n\n> **2.**   Carers should be consulted in relation to the development and evaluation of policies and programs, and the provision of resources, in so far as those policies, programs and resources affect their role as carers.\n\n> **3.**   Carers should be empowered to access information and services that are relevant to them in their role as carers.\n\n> **4.**   Carers should be supported to participate in, and contribute to, the social, political, economic and cultural life of Tasmania, if they so desire.\n\n> **5.**   Carers should be recognised and respected for their valuable caring role and should be supported in accessing, and engaging in, a wide range of services to ensure their well-being and to maintain their connections to their community.\n\n> **6.**   Carers’ knowledge about the persons for whom they are caring should be respected, acknowledging that each carer, and each person being cared for, has both rights and responsibilities.\n\n> **7.**   Carers should be able to raise concerns about decisions, and services, that affect them as carers or the persons for whom they are caring, without the carers or such persons suffering adverse repercussions, and those concerns should be dealt with as promptly as is reasonably practicable.","sortOrder":14}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of recognising carers through a Charter and Action Plan framework. The scope has not expanded beyond the three stated objects in section 3: recognition, enactment of the Charter/Plan, and agency reporting obligations."},"complexity_factors":["Short statute with only 11 sections plus a schedule","Minimal defined terms (only 4: carer, Carers Charter, child, Tasmanian Carer Action Plan)","No complex cross-referencing between Parts — mostly linear structure","Simple conditional logic limited to standard regulation-making powers (section 9) and standard review provisions (section 10)","Single schedule containing 7 aspirational principles with no sub-paragraphs or nested conditions","No exceptions to exceptions; section 8 contains straightforward disclaimers of legal liability without layering"],"plain_english_summary":"**What this law does:**\n\nThis Act formally recognises and values the work of unpaid carers in Tasmania. It creates two main tools to achieve this:\n\n- **The Carers Charter** — a set of 7 principles that describe how carers should be treated (e.g., being consulted about policies that affect them, having their knowledge respected, being able to raise concerns without fear of repercussions)\n- **The Tasmanian Carer Action Plan** — a practical plan that the Minister must approve, setting out specific actions that government agencies and other organisations will take to support carers\n\n**Who it affects:**\n\n- **Carers** — defined as people providing unpaid care to family or friends who have disability, mental ill health, chronic illness, drug or alcohol dependence, are frail or elderly, or are children in informal kinship care arrangements\n- **State Service Agencies** — Tasmanian government departments that must take \"reasonable steps\" to implement the Charter and Action Plan, and report back to the Minister on their progress\n- **The Minister** — responsible for approving, updating and publishing the Action Plan, and reviewing the Act every 5 years\n\n**Why it matters:**\n\nUnpaid carers provide essential support to vulnerable people but often face burnout, financial strain and social isolation. This law doesn't give carers new legal rights they can enforce in court (section 8 explicitly rules this out), but it creates accountability mechanisms: agencies must report on their efforts, and the whole scheme gets reviewed regularly. It's essentially a framework for cultural change within government — pushing agencies to consider carers' needs in their policies and services.\n\n**Key limitation:**\n\nThe Act is deliberately non-binding in a legal sense. Section 8 makes clear that breaching the Charter or Action Plan doesn't create a lawsuit, and agencies can't be forced to act inconsistently with other laws."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The source text contains no predecessor or amendment history; nothing in the Act indicates a change from an earlier statutory scope. The Act's objects (recognition, a Charter, and a Minister-approved Action Plan) are reflected in its operative provisions and limits (including non‑creation of legal rights)."},"complexity_factors":["Short, focused structure with few operative provisions — lowers interpretive complexity.","Detailed statutory definition of 'carer' spanning multiple categories (s4) — requires agencies to identify varied groups.","Broad Ministerial discretion to approve, amend or replace the Tasmanian Carer Action Plan (s6(1)–(3)) — increases administrative discretion.","Vague operational duty for Agencies to take 'reasonable steps' and to monitor/report (s7) — creates implementation ambiguity and variable compliance burden.","Express exclusion of legal rights and causes of action (s8(1)–(2)) — limits judicial review and private enforcement, shifting oversight to administrative processes.","Regulation-making power that may differentiate application by time or circumstance (s9) — allows flexible but potentially complex delegated implementation.","Requirement for periodic external review every five years (s10) — adds recurring administrative evaluation tasks.","Non-derogation clause linking this Act to other legal duties (s8(3)) — necessitates cross-checking with existing statutory obligations."],"plain_english_summary":"This Act formally recognises unpaid carers in Tasmania, sets out a Carers Charter (Schedule 1) and requires the Minister to approve a Tasmanian Carer Action Plan; agencies must take reasonable steps to implement the Plan and report on progress. The Minister decides, can amend or replace the Plan (s6); agencies carry the compliance and reporting burden (s7); the Act expressly does not create legal rights or causes of action (s8), so enforcement rests with the Executive rather than private parties."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available information, there is no evidence that the scope of the Act changed from its original intent. The Act appears to have been in force in its original form since 20 April 2023 with no amendments recorded. However, the absence of substantive legislative text in the provided document means this assessment is made with low confidence."},"complexity_factors":["The source text provided is almost entirely metadata and administrative information — the substantive legislative provisions are not included, making full analysis impossible","Carer recognition legislation is generally a non-technical, principles-based area of law rather than a complex regulatory scheme","No amending instruments or cross-references to other legislation are visible in the provided text","The Act appears to be relatively short and recently enacted (2023) with no visible amendments to date","Complexity cannot be fully assessed without access to the actual operative provisions"],"plain_english_summary":"This Tasmanian Act formally recognises unpaid carers — people who provide unpaid support to family, friends or others with disability, illness, mental health issues or age-related needs — and signals that government agencies should consider carers’ needs when designing and delivering services. It matters because it gives carers formal acknowledgment and likely principles to guide agency interactions, strengthening carers’ voice.\n\nNote: the provided source lacked substantive provisions; read the full Act for specific obligations and rights."}},"importantCases":[],"_links":{"self":"/api/acts/carer-recognition-act-2023","history":"/api/acts/carer-recognition-act-2023/history","analysis":"/api/acts/carer-recognition-act-2023/analysis","conflicts":"/api/acts/carer-recognition-act-2023/conflicts","importantCases":"/api/acts/carer-recognition-act-2023/important-cases","documents":"/api/acts/carer-recognition-act-2023/documents"}}