{"id":"carers-recognition-act-2004","name":"Carers Recognition Act 2004","slug":"carers-recognition-act-2004","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30153,"registerId":"wa-carers-recognition-act-2004-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Carers Recognition Act 2004","content":"![Crest]()Western Australia\n\nCarers Recognition Act 2004\n\nWestern Australia\n\nCarers Recognition Act 2004\n\nContents\n\nPart 1 — Preliminary\n\n1. Short title 2\n\n2. Commencement 2\n\n3. Object of Act 2\n\n4. Terms used 2\n\n5. Term used: carer 3\n\nPart 2 — Compliance with the Carers Charter\n\n6. Applicable organisations to ensure compliance with Carers Charter 4\n\n7. Reports to Council 4\n\nPart 3 — Carers Advisory Council\n\nDivision 1 — Establishment and functions\n\n8. Carers Advisory Council established 6\n\n9. Functions of Council 6\n\n10. Reports to Minister 7\n\n11. Powers, generally 7\n\n12. Minister may give directions 7\n\n13. Minister to have access to information 8\n\nDivision 2 — Ancillary and procedural matters\n\n14. Term of office 9\n\n15. Casual vacancy 9\n\n16. Chairman 10\n\n17. Remuneration and allowances 11\n\n18. Who presides at meetings 11\n\n19. Procedure at meetings 11\n\n20. Minutes 11\n\nPart 4 — Miscellaneous\n\n21. Regulations 12\n\n22. Review of Act 12\n\nSchedule 1 — The Western Australian Carers Charter\n\nSchedule 2 — Applicable organisations\n\nDivision 1 — Reporting organisations\n\nDivision 2 — Other organisations\n\nNotes\n\nCompilation table 15\n\nDefined terms\n\n  \n\nWestern Australia\n\nCarers Recognition Act 2004\n\nAn Act to provide for the recognition of carers by certain persons and bodies, and for related purposes.\n\n[Long title amended: No. 33 of 2010 s. 53(2).]\n\n## Part 1 — Preliminary\n\n##### 1. Short title\n\nThis Act may be cited as the *Carers Recognition Act 2004* 1.\n\n##### 2. Commencement\n\nThis Act comes into operation on a day fixed by proclamation 1.\n\n##### 3. Object of Act\n\nThe object of this Act is —\n\n(a) to recognise the role of carers in the community; and\n\n(b) to provide a mechanism for the involvement of carers in the provision of services that impact on carers and the role of carers.\n\n##### 4. Terms used\n\nIn this Act, unless the contrary intention appears —\n\n  applicable organisation means a person or body specified in, or prescribed under, Schedule 2;\n\n  carer has the meaning given to that term in section 5;\n\n  Carers Charter means the Western Australian Carers Charter set out in Schedule 1;\n\n  Council means the Carers Advisory Council referred to in section 8(1);\n\n  public sector body has the meaning given to that term in the *Public Sector Management Act 1994* section 3(1);\n\n  reporting organisation means a person or body specified in, or prescribed under, Schedule 2 Division 1.\n\n##### 5. Term used: carer\n\n(1) Except as provided in subsection (2), a person is a carer for the purposes of this Act if he or she is an individual who provides ongoing care or assistance to —\n\n(a) a person with a disability as defined in the *Disability Services Act 1993* section 3; or\n\n(b) a person who has a chronic illness, including a mental illness as defined in the *Mental Health Act 2014* section 4; or\n\n(c) a person who, because of frailty, requires assistance with carrying out everyday tasks; or\n\n(d) a person of a prescribed class.\n\n(2) However a person is not a carer if he or she —\n\n(a) provides the care or assistance under a contract for services (other than an agreement entered into under the *Disability Services Act 1993* section 25) or a contract of service; or\n\n(b) provides the care or assistance while doing community work as defined in the *Volunteers and Food and Other Donors (Protection from Liability) Act 2002* section 3(1).\n\n(3) A person is not a carer for the purposes of this Act only because —\n\n(a) the person is a spouse, de facto partner, parent or guardian of the person to whom the care or assistance is being provided; or\n\n(b) the person provides care to a child under an arrangement with the chief executive officer of the department principally assisting the Minister administering the *Child Welfare Act 1947* 2 in the administration of that Act.\n\n[Section 5 amended: No. 53 of 2006 s. 12(1); No. 25 of 2014 s. 37.]\n\n## Part 2 — Compliance with the Carers Charter\n\n##### 6. Applicable organisations to ensure compliance with Carers Charter\n\n(1) Subject to any other written law, an applicable organisation must take all practicable measures to ensure that the organisation and its officers, employees or agents comply with the Carers Charter in providing a service of that organisation.\n\n(2) Without limiting subsection (1), an applicable organisation that is a public sector body must involve carers, or persons or bodies that represent carers, in any —\n\n(a) policy or program development; or\n\n(b) strategic or operational planning,\n\nthat might affect carers and the role of carers.\n\n##### 7. Reports to Council\n\n(1) As soon as practicable after each 1 July and not later than 30 September, a reporting organisation must prepare and deliver to the Council a report on —\n\n(a) the performance of the organisation’s obligations under this Act; and\n\n(b) the organisation’s compliance or non‑compliance with this Act; and\n\n(c) the organisation’s compliance or non‑compliance with the Carers Charter; and\n\n(d) the compliance or non‑compliance with the Carers Charter of any person or body providing a service to others under a contract with the organisation,\n\nduring the year that ended on the preceding 30 June.\n\n(2) The report must include —\n\n(a) if the organisation is a public sector body, details of the organisation’s compliance or non‑compliance with section 6(2); and\n\n(b) any other specific information prescribed by the regulations.\n\n(3) A reporting organisation may at any time report to the Council on any matter relating to the operation of this Act.\n\n(4) A reporting organisation must ensure that a report under this section is made available to the public by publication in the prescribed manner.\n\n## Part 3 — Carers Advisory Council\n\n### Division 1 — Establishment and functions\n\n##### 8. Carers Advisory Council established\n\n(1) The Minister is to appoint no more than 10 persons who have knowledge of, and experience in, matters relevant to carers to be the members of a body called the Carers Advisory Council.\n\n(2) In appointing the members the Minister is to ensure that they are chosen so as to reflect the interests of carers.\n\n(3) Before appointing a person under subsection (1), the Minister is to consult with —\n\n(a) the Minister administering the *Disability Services Act 1993*; and\n\n(b) the Minister administering the *Health Services Act 2016*.\n\n[Section 8 amended: No. 11 of 2016 s. 286(2).]\n\n##### 9. Functions of Council\n\n(1) The functions of the Council are —\n\n(a) to work to advance the interests of carers and promote compliance by applicable organisations with the Carers Charter; and\n\n(b) to make recommendations to the Minister on fostering compliance by applicable organisations with the Carers Charter; and\n\n(c) to provide general advice to the Minister on matters relating to carers; and\n\n(d) to carry out other functions as directed by the Minister.\n\n(2) The Council may, in writing, request a reporting organisation to provide any information relevant to the exercise of the Council’s functions.\n\n(3) A reporting organisation must, as far as practicable, comply with a request under subsection (2) unless the organisation is expressly prohibited from doing so under another written law.\n\n##### 10. Reports to Minister\n\n(1) As soon as practicable in each year, and whenever directed by the Minister to do so, the Council must prepare and deliver to the Minister a report on —\n\n(a) the performance by reporting organisations of their obligations under this Act; and\n\n(b) compliance or non‑compliance by reporting organisations with this Act; and\n\n(c) compliance or non‑compliance by reporting organisations with the Carers Charter,\n\nduring the year which ended on the preceding 30 June.\n\n(2) The report must include —\n\n(a) details on the compliance or non‑compliance with section 6(2) by reporting organisations that are public sector bodies; and\n\n(b) any other information prescribed by the regulations.\n\n(3) The Minister must cause the report received under subsection (1) to be laid before each House of Parliament within 14 sitting days of that House after the Minister receives it.\n\n##### 11. Powers, generally\n\nThe Council has all the powers it needs to perform its functions.\n\n##### 12. Minister may give directions\n\n(1) The Minister may give written directions to the Council with respect to the performance of its functions, either generally or in relation to a particular matter, and the Council is to give effect to any such direction.\n\n(2) The Minister must cause the text of any direction given under subsection (1) to be laid before each House of Parliament, or dealt with under subsection (3), within 14 days after the direction is given.\n\n(3) If —\n\n(a) at the commencement of the period referred to in subsection (2) a House of Parliament is not sitting; and\n\n(b) the Minister is of the opinion that that House will not sit during that period,\n\nthe Minister is to transmit a copy of the direction to the Clerk of that House.\n\n(4) A copy of a direction transmitted to the Clerk of a House is to be regarded as having been laid before that House.\n\n(5) The laying of a copy of a direction that is regarded as having occurred under subsection (4) is to be recorded in the Minutes, or Votes and Proceedings, of the House on the first sitting day of the House after the Clerk received the copy.\n\n(6) The text of a direction given under subsection (1) is to be included in the annual report submitted by the accountable authority of the department under the *Financial Management Act 2006* Part 5.\n\n(7) In subsection (6) —\n\n  department means the department principally assisting the Minister in the administration of this Act.\n\n[Section 12 amended: No. 5 of 2005 s. 36; No. 77 of 2006 Sch. 1 cl. 18.]\n\n##### 13. Minister to have access to information\n\n(1) In this section —\n\ndocument includes any tape, disk or other device or medium on which information is recorded or stored mechanically, photographically, electronically or otherwise;\n\ninformation means information specified, or of a description specified, by the Minister that relates to the functions of the Council.\n\n(2) The Minister is entitled —\n\n(a) to have information in the possession of the Council; and\n\n(b) if the information is in or on a document, to have, and make and retain copies of, that document.\n\n(3) For the purposes of subsection (2) the Minister may —\n\n(a) request the Council to furnish information to the Minister; and\n\n(b) request the Council to give the Minister access to information.\n\n(4) The Council has to comply with a request under subsection (3).\n\n### Division 2 — Ancillary and procedural matters\n\n##### 14. Term of office\n\n(1) The term for which a person is appointed to be a member of the Council is to be fixed in the instrument of appointment and is to be not longer than 2 years.\n\n(2) A person’s eligibility for reappointment or the term for which a person may be reappointed is not affected by an earlier appointment.\n\n##### 15. Casual vacancy\n\n(1) A member of the Council may at any time resign from office by notice in writing delivered to the Minister.\n\n(2) The Minister may terminate the appointment of a member —\n\n(a) if, in the opinion of the Minister, the member is unable, through illness or absence from the State, to perform the functions of the office; or\n\n(b) if, in the opinion of the Minister, the member misbehaves, neglects his or her duties, is incompetent or has ceased to be a person who would be eligible to be appointed to the office if it were to become vacant; or\n\n(c) if the member is an insolvent under administration, as that term is defined in the *Corporations Act 2001* of the Commonwealth; or\n\n(d) if the member is absent, without leave and without reasonable excuse, from 3 consecutive meetings of the Council of which the member has had notice; or\n\n(e) for any other act or omission that in the opinion of the Minister may adversely affect the functioning of the Council.\n\n(3) If, before the term of office for which a person was appointed as a member of the Council expires, the person dies, resigns, or is removed from office, the office becomes vacant.\n\n##### 16. Chairman\n\n(1) The Minister is to appoint one of the members of the Council to be the chairman.\n\n(2) The Council is to elect one member to be the deputy chairman.\n\n(3) The deputy chairman is to perform the functions of the chairman when the chairman is unable to do so by reason of illness, absence or other cause, or when the office of chairman is vacant.\n\n##### 17. Remuneration and allowances\n\nMembers of the Council are entitled to any remuneration and allowances that the Minister may from time to time determine on the recommendation of the Public Sector Commissioner.\n\n[Section 17 amended: No. 39 of 2010 s. 89.]\n\n##### 18. Who presides at meetings\n\n(1) The chairman, if present, is to preside at a meeting of the Council.\n\n(2) If the chairman is not presiding under subsection (1), the members present at the meeting are to appoint one of their number to preside.\n\n##### 19. Procedure at meetings\n\nExcept as otherwise stated in this Act, the Council is to determine its own meeting procedures.\n\n##### 20. Minutes\n\nThe Council is to cause accurate minutes to be kept of the proceedings at its meetings.\n\n## Part 4 — Miscellaneous\n\n##### 21. Regulations\n\nThe Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed for giving effect to the purposes of this Act.\n\n##### 22. Review of Act\n\n(1) The Minister is to carry out a review of the operation and effectiveness of this Act as soon as is practicable after the expiration of 3 years from its commencement and in the course of that review the Minister is to consider and have regard to —\n\n(a) the effectiveness of the operations of the Council; and\n\n(b) the need for the continuation of the functions of the Council; and\n\n(c) any other matters that appear to the Minister to be relevant to the operation and effectiveness of this Act.\n\n(2) The Minister is to prepare a report based on the review and, as soon as is practicable after the report is prepared (and in any event not more than 12 months after the expiration of the 3 year period referred to in subsection (1)), cause it to be laid before each House of Parliament.\n\n[Part 5 (s. 23‑34) deleted: No. 33 of 2010 s. 53(3).]\n\nSchedule 1 — The Western Australian Carers Charter\n\n[s. 4]\n\n1. Carers must be treated with respect and dignity.\n\n2. The role of carers must be recognised by including carers in the assessment, planning, delivery and review of services that impact on them and the role of carers.\n\n3. The views and needs of carers must be taken into account along with the views, needs and best interests of people receiving care when decisions are made that impact on carers and the role of carers.\n\n4. Complaints made by carers in relation to services that impact on them and the role of carers must be given due attention and consideration.\n\nSchedule 2 — Applicable organisations\n\n[s. 4]\n\nDivision 1 — Reporting organisations\n\n1. The provider as defined in paragraph (c) of the definition of that term in the *Health and Disability Services (Complaints) Act 1995* section 3(1).\n\n2. The Disability Services Commission referred to in the *Disability Services Act 1993* section 6.\n\n3. A health service provider as defined in the *Health Services Act 2016* section 6.\n\n3A. The chief executive officer of the department principally assisting in the administration of the *Health Services Act 2016* in relation to any health services provided by the chief executive officer under the *Health Services Act 2016*.\n\n4. Any other person or body prescribed for the purposes of this Division.\n\n[Division 1 amended: No. 33 of 2010 s. 53(4); No. 11 of 2016 s. 286(3).]\n\nDivision 2 — Other organisations\n\n5. A person or body providing a service to others under a contract with a reporting organisation.\n\n6. Any other person or body prescribed for the purposes of this Division.\n\n![dline]()\n\nNotes\n\n1 This is a compilation of the *Carers Recognition Act 2004* and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Carers Recognition Act 2004* | 37 of 2004 | 28 Oct 2004 | s. 1 and 2: 28 Oct 2004;   Act other than s. 1 and 2: 1 Jan 2005 (see s. 2 and *Gazette* 31 Dec 2004 p. 7127) |\n| *Financial Administration Legislation Amendment Act 2005* s. 36 | 5 of 2005 | 27 Jun 2005 | 1 Jan 2006 (see s. 2(1) and *Gazette* 23 Dec 2005 p. 6243) |\n| *Volunteers (Protection from Liability) Amendment Act 2006* s. 12(1) | 53 of 2006 | 26 Oct 2006 | 2 Dec 2006 (see s. 2 and *Gazette* 1 Dec 2006 p. 5297) |\n| *Financial Legislation Amendment and Repeal Act 2006* Sch. 1 cl. 18 | 77 of 2006 | 21 Dec 2006 | 1 Feb 2007 (see s. 2(1) and *Gazette* 19 Jan 2007 p. 137) |\n| *Health and Disability Services Legislation Amendment Act 2010* s. 53 | 33 of 2010 | 30 Aug 2010 | 30 Nov 2010 (see s. 2(b) and *Gazette* 17 Sep 2010 p. 4757) |\n| *Public Sector Reform Act 2010* s. 89 | 39 of 2010 | 1 Oct 2010 | 1 Dec 2010 (see s. 2(b) and *Gazette* 5 Nov 2010 p. 5563) |\n| **Reprint 1: The *Carers Recognition Act 2004* as at 4 Mar 2011** (includes amendments listed above) | | | |\n| *Mental Health Legislation Amendment Act 2014* Pt. 4 Div. 4 Subdiv. 3 | 25 of 2014 | 3 Nov 2014 | 30 Nov 2015 (see s. 2(b) and *Gazette* 13 Nov 2015 p. 4632) |\n| *Health Services Act 2016* s. 286 | 11 of 2016 | 26 May 2016 | 1 Jul 2016 (see s. 2(b) and *Gazette* 24 Jun 2016 p. 2291) |\n\n\n2 Repealed by the *Children and Community Services Act 2004* s. 250(1)(a).\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\napplicable organisation 4\n\ncarer 4\n\nCarers Charter 4\n\nCouncil 4\n\ndepartment 12(7)\n\ndocument 13(1)\n\ninformation 13(1)\n\npublic sector body 4\n\nreporting organisation 4\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope changed from original intent — the legislative text was not accessible from the provided source. No comparison between original and current provisions could be made."},"complexity_factors":["No legislative content was retrievable — the source URL returned a 404-style error page","Only metadata and a webpage error message were provided, not the actual Act text","No substantive legal provisions, definitions, obligations, or enforcement mechanisms could be assessed","Complexity score of 1 reflects inability to analyse content, not simplicity of the underlying Act"],"plain_english_summary":"## Carers Recognition Act 2004 (Western Australia)\n\n**⚠️ Content Unavailable**\n\nThe source document provided does not contain the actual text of the *Carers Recognition Act 2004* (WA). The page has returned an error indicating the legislation page is no longer available at its original web address due to system upgrades.\n\n**What we know from context:**\n- This is a **Western Australian law** passed in 2004\n- Based on its title, it likely concerns the formal recognition of **carers** — people who provide unpaid care and support to family members or others with disability, chronic illness, mental illness, or age-related needs\n- Similar legislation across Australian jurisdictions typically establishes principles for how government agencies must consider and treat carers\n\n**To access the actual legislation**, visit the Western Australian legislation website (legislation.wa.gov.au) and search for the Act directly."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act’s core object (recognition of carers and involvement in services) remains, but its practical scope has been widened by later amendments that expanded the classes of applicable and reporting organisations in Schedule 2 (notably to encompass health service providers and the department CEO) and by other technical amendments noted in the compilation table. These changes broaden which organisations must report and comply with the Charter, increasing administrative coverage."},"complexity_factors":["Cross‑references to other Acts and defined categories (carer defined with reference to the Disability Services Act 1993 and Mental Health Act 2014) increase interpretive complexity (s5, s4).","Broad, subjective duty to take “all practicable measures” creates uncertainty about the required standard of compliance (s6(1)).","Annual reporting and public‑publication obligations for reporting organisations create recurring compliance work and administrative burden (s7(1)–(4)).","Schedule 2’s split between reporting organisations and contracted providers defines who bears reporting duties and who is merely covered, requiring careful mapping in practice (Schedule 2 Divs 1–2).","Ministerial powers to appoint members, give binding directions to the Council, access Council information and terminate members introduce concentrated executive discretion (ss8(1), 12(1), 13(2), 15(2)).","Obligation for public sector bodies to involve carers in policy, program and planning matters adds procedural requirements across multiple agencies (s6(2)).","Council powers to request information from reporting organisations and requirement to report to Parliament create oversight flows that hinge on cooperation and statutory exceptions (ss9(2)–(3), 10(1), 10(3)).","Regulations and ministerial review requirements delegate detail and allow later change (s21; s22), increasing contingent complexity.","Amendments over time have altered which organisations are captured (see Schedule 2 and compilation notes), requiring attention to historical variants when applying the Act."],"plain_english_summary":"This law creates a Carers Charter, requires listed organisations to take “all practicable measures” to follow it when delivering services, and sets up a Carers Advisory Council to monitor compliance, advise the Minister and receive annual reports. It affects unpaid carers, public sector bodies, health and disability service providers and contracted service providers by imposing participation, reporting and public‑publication obligations and giving the Minister appointment, information and direction powers."},"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":3,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of recognising carers and ensuring their involvement in service planning. While there have been amendments to update references to other legislation (such as the Health Services Act 2016 and Mental Health Act 2014), these are technical updates rather than scope expansion. The deletion of Part 5 (sections 23-34) by the 2010 amendment actually reduced the scope by removing provisions related to another body."},"complexity_factors":["Short statute (22 sections plus 2 schedules)","Only 7 defined terms in the interpretation section","Minimal cross-referencing (primarily to other Acts for definitions like 'disability' and 'mental illness')","Straightforward structure with clear Parts: Preliminary, Compliance, Advisory Council, Miscellaneous","Simple conditional logic (primarily in section 5 defining who is/isn't a carer)","No nested exceptions or highly technical provisions","Schedules contain plain English principles (Carers Charter) and simple lists of organisations"],"plain_english_summary":"This Western Australian law recognises and supports people who care for family members or friends with disabilities, chronic illness, or frailty.\n\n**What it does:**\n- **Defines who is a 'carer'**: Someone who provides ongoing care to a person with disability, chronic illness (including mental illness), or frailty. It excludes paid care workers and some volunteers, but importantly clarifies that being a spouse, parent or partner doesn't disqualify someone from being recognised as a carer.\n\n- **Creates the Western Australian Carers Charter**: A set of four principles requiring that carers be treated with dignity, included in service planning, have their views considered in decisions, and have their complaints taken seriously.\n\n- **Requires certain organisations to comply**: 'Applicable organisations' (mainly government health and disability services) must take practical steps to follow the Charter. Public sector bodies must also involve carers in policy development and planning.\n\n- **Establishes the Carers Advisory Council**: A body of up to 10 appointed members that monitors compliance, advises the Minister, and promotes carers' interests.\n\n- **Requires reporting**: Key organisations must report annually to the Council on their compliance, and the Council reports to the Minister and Parliament.\n\n**Who it affects:**\n- **Carers** (family members and friends providing unpaid care)\n- **Health and disability service providers** (hospitals, disability services, health service providers)\n- **Government agencies** involved in health and disability policy\n\n**Why it matters:**\nThis law gives carers formal recognition and a voice in the services that affect them. It creates accountability mechanisms to ensure carers aren't overlooked when governments and service providers make decisions about care and support services."}},"importantCases":[],"_links":{"self":"/api/acts/carers-recognition-act-2004","history":"/api/acts/carers-recognition-act-2004/history","analysis":"/api/acts/carers-recognition-act-2004/analysis","conflicts":"/api/acts/carers-recognition-act-2004/conflicts","importantCases":"/api/acts/carers-recognition-act-2004/important-cases","documents":"/api/acts/carers-recognition-act-2004/documents"}}