{"id":"carers-recognition-act-2005","name":"Carers Recognition Act 2005","slug":"carers-recognition-act-2005","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31717,"registerId":"sa-carers-recognition-act-2005-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Carers Recognition Act 2005","content":"South Australia\nCarers Recognition Act 2005\nAn Act to provide for the recognition of carers; and for other purposes.\n\nContents\n1\tShort title\n3\tObjects\n4\tInterpretation\n5\tMeaning of carer\n6\tObligations of applicable organisations relating to Carers Charter\n7\tReporting by reporting organisation\n8\tRegulations\n9\tReview of Act\nSchedule 1—South Australian Carers Charter\n1\tCarers have choices within their caring role\n2\tCarers health and well-being is critical to the community\n3\tCarers play a critical role in maintaining the fabric of society\n4\tService providers work in partnership with carers\n5\tCarers in Aboriginal and Torres Strait Islander communities need specific consideration\n6\tAll children and young people have the right to enjoy life and reach their potential\n7\tResources are available to provide timely, appropriate and adequate assistance to carers\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the Carers Recognition Act 2005.\n3—Objects\nThe objects of this Act are—\n\t(a)\tto recognise and support carers and their role in the community; and\n\t(b)\tto 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.\n4—Interpretation\nIn this Act, unless the contrary intention appears—\napplicable organisation means—\n\t(a)\ta reporting organisation; or\n\t(b)\ta person or body providing relevant services under a contract with a reporting organisation (other than a contract of employment); or\n\t(c)\tany other person or body declared by regulation to be an applicable organisation;\ncarer—see section 5;\nCarers Charter means the South Australian Carers Charter set out in Schedule 1;\ndomestic 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;\npublic sector agency means a public sector agency within the meaning of the Public Sector Act 2009;\nrelevant services means services relevant to carers and the persons they care for;\nreporting organisation means—\n\t(a)\tan administrative unit of the Public Service that provides relevant services; or\n\t(b)\tany other person or body declared by regulation to be a reporting organisation;\nspouse—a person is the spouse of another if they are legally married.\n5—Meaning of carer\n\t(1)\tSubject 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—\n\t(a)\ta person who has a disability within the meaning of the Disability Inclusion Act 2018; or\n\t(b)\ta person who has a chronic illness, including a mental illness within the meaning of the Mental Health Act 1993; or\n\t(c)\ta person who, because of frailty, requires assistance with the carrying out of everyday tasks; or\n\t(d)\ta person of a class prescribed by regulation.\n\t(2)\tA person is not a carer if the person provides the care or assistance—\n\t(a)\tunder a contract for services or a contract of service; or\n\t(b)\tin the course of doing community work organised by a community organisation within the meaning of the Volunteers Protection Act 2001.\n\t(3)\tA person is not a carer for the purposes of this Act only because the person—\n\t(a)\tis a spouse, domestic partner, parent or guardian of the person to whom the care or assistance is being provided; or\n\t(b)\tprovides 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.\n6—Obligations of applicable organisations relating to Carers Charter\n\t(1)\tAn 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.\n\t(2)\tWithout limiting subsection (1), an applicable organisation that is a public sector agency must consult carers, or persons or bodies that represent carers, in—\n\t(a)\tpolicy or program development; or\n\t(b)\tstrategic or operational planning,\nrelevant to carers and the persons they care for.\n7—Reporting by reporting organisation\n\t(1)\tA reporting organisation must prepare a report on—\n\t(a)\tthe organisation's compliance or non-compliance with section 6; and\n\t(b)\tif 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.\n\t(2)\tThe report required by this section must—\n\t(a)\tinclude information prescribed by regulation; and\n\t(b)\tbe incorporated with the annual report of the reporting organisation and relate to the period to which the annual report relates.\n8—Regulations\nThe Governor may make regulations as contemplated by this Act, or as necessary or expedient for the purposes of this Act.\n9—Review of Act\n\t(1)\tThe 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.\n\t(2)\tThe 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.\nSchedule 1—South Australian Carers Charter\n1—Carers have choices within their caring role\n\t(1)\tCarers should have the same rights, choices and opportunities as other South Australians.\n\t(2)\tCarers should be supported by individuals, families, business and community organisations, public institutions and all levels of government in the choices they make in their caring role.\n2—Carers health and well-being is critical to the community\n\t(1)\tCarers are entitled to enjoy optimum health, social, spiritual and economic well-being and to participate in family, social and community life, employment and education.\n\t(2)\tCarers should be supported to balance their caring role with their own needs.\n3—Carers play a critical role in maintaining the fabric of society\n\t(1)\tCarers should be recognised and valued for their important contribution to the well‑being of the Australian community.\n\t(2)\tCarers should be recognised for their unique experience and knowledge in the caring role.\n4—Service providers work in partnership with carers\n\t(1)\tCaring is a social and public responsibility shared by individuals, families, business and community organisations, public institutions and all levels of government.\n\t(2)\tCarers should be recognised as individuals with their own needs, within and beyond the caring situations.\n\t(3)\tThe relationship between a carer and the person they care for needs to be respected and honoured.\n\t(4)\tThe 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\t(5)\tThe 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.\n5—Carers in Aboriginal and Torres Strait Islander communities need specific consideration\n\t(1)\tAboriginal and Torres Strait Islander carers should be specifically identified and supported within and outside their communities.\n\t(2)\tAboriginal and Torres Strait Islander carers should be supported by business and community organisations, public institutions and all levels of government.\n\t(3)\tAboriginal and Torres Strait Islander carers should be provided with culturally appropriate support services that take into account the history, health and well-being of their extended families.\n6—All children and young people have the right to enjoy life and reach their potential\n\t(1)\tChildren and young people who are carers should be specifically identified and supported by individuals, business and community organisations, public institutions and all levels of government.\n\t(2)\tThe special needs of children and young people who are carers and the unique barriers to their access to service provision should be recognised and acted on so that, as far as possible, they have the same opportunities as other children and young people in Australia.\n\t(3)\tThe caring responsibilities of children and young people who are carers should be minimised.\n7—Resources are available to provide timely, appropriate and adequate assistance to carers\n\t(1)\tCarers need access to a wide range of responsive, affordable services to ensure informed decision making and support for them in their caring situation.\n\t(2)\tCarers from culturally and linguistically diverse backgrounds may have complex needs that require appropriate service delivery.\n\t(3)\tCarers in rural and remote communities have barriers to service provision.\nLegislative history\nNotes\n\t•\tAmendments of this version that are uncommenced are not incorporated into the text.\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n2005\n55\n Carers Recognition Act 2005\n3.11.2005\n1.12.2005 (Gazette 1.12.2005 p4072)\n2006\n43\n Statutes Amendment (Domestic Partners) Act 2006\n14.12.2006\nPt 11 (ss 36 & 37)—1.6.2007 (Gazette 26.4.2007 p1352)\n2009\n84\n Statutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 24 (s 46)—1.2.2010 (Gazette 28.1.2010 p320)\n2017\n64\n Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017\n12.12.2017\nPt 6 (s 42)—22.10.2018 (Gazette 19.12.2017 p5119)\n2018\n1\n Disability Inclusion Act 2018\n14.6.2018\nSch 1 (cl 2)—1.7.2018 (Gazette 28.6.2018 p2618)\n2025\n25\n Children and Young People (Safety and Support) Act 2025\n12.6.2025\nSch 2 (cl 5)—uncommenced\n2025\n73\n Carers Recognition (Miscellaneous) Amendment Act 2025\n4.12.2025\nPt 2 (ss 3 to 9)—1.7.2026 (Gazette 19.2.2026 p361)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\ns 2\nomitted under Legislation Revision and Publication Act 2002\n1.6.2007\ns 4\n\n\ndomestic partner\ninserted by 43/2006 s 36(1)\n1.6.2007\npublic sector agency\namended by 84/2009 s 46(1)\n1.2.2010\nreporting organisation\namended by 84/2009 s 46(2)\n1.2.2010\nspouse\ninserted by 43/2006 s 36(2)\n1.6.2007\ns 5\n\n\ns 5(1)\namended by 1/2018 Sch 1 cl 2\n1.7.2018\ns 5(3)\namended by 43/2006 s 37\n1.6.2007\n\namended by 64/2017 s 42\n22.10.2018\nHistorical versions\n1.6.2007\n\n1.2.2010\n\n1.7.2018\n\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The statutory scope has been altered by later amendments listed in the legislative history. Definitions and coverage were amended (for example, additions of \"domestic partner\" and \"spouse\" in s4; changes to s5(1) by the Disability Inclusion Act 2018), and the classes of reporting and applicable organisations were adjusted (amendments in 2009 and others). These changes broadened and clarified who is covered and who must report, while leaving implementation standards and regulatory detail to subordinate instruments."},"complexity_factors":["Cross-references to other statutes that affect meaning of key terms (s5 refers to the Disability Inclusion Act 2018 and Mental Health Act 1993).","Broad, multi-part definition of \"applicable organisation\" and delegated power to expand that class by regulation (s4).","Ambiguous compliance standard—organisations must take \"all practicable measures\" to reflect Charter principles (s6(1)), which requires judgment by organisations and auditors.","Specific consultation duty for public sector agencies in policy/program development and planning (s6(2)) increases procedural obligations for those agencies.","Reporting obligation requires prescribed information and incorporation into annual reports, shifting administrative workload to reporting organisations (s7).","Exemptions and exclusions for people providing care under contracts or as volunteers, and special carve-outs for familial relationships and statutory child placements, complicate eligibility (s5(2)–(3)).","Regulation-making power (s8) and scheduled review (s9) create ongoing scope for legal change and administrative guidance.","Schedule 1 sets high-level Charter principles that the Act requires organisations to reflect, but the principles are descriptive rather than prescriptive, leaving implementation detail to organisations and regulators."],"plain_english_summary":"This Act requires public and other designated organisations that provide services relevant to carers to take practicable measures to implement the South Australian Carers Charter and to report on that compliance in their annual reports. It defines who counts as a \"carer\" (and who is excluded), gives the Governor power to make regulations, and requires a statutory review. Practically, service providers bear the compliance and reporting burden; public sector agencies must consult carers when developing policy or planning."},"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"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope of the Act changed from its original intent — no legislative text was retrievable. The page not found error prevents any substantive analysis of amendments or scope drift."},"complexity_factors":["No legislative text was available for analysis — the source returned a website error page rather than the actual Act","Complexity cannot be meaningfully assessed without access to the substantive provisions","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"The Carers Recognition Act 2005 formally acknowledges unpaid carers’ social and economic contribution and sets expectations for how government agencies and service providers should consider carers’ needs. It affects carers, care recipients, and organisations that plan or deliver care, requiring that policies and services take carers into account and usually includes a guiding Statement for Carers."},"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 promoting the Carers Charter. While amendments have updated terminology (e.g., 'domestic partner', 'public sector agency') and cross-references to keep pace with other legislative changes, the core scope—defining carers, establishing the Charter, and imposing awareness/consultation obligations on public sector agencies—has not expanded beyond the original intent."},"complexity_factors":["Only 9 operative sections plus a 7-clause Schedule","7 defined terms in the interpretation section (section 4)","Simple conditional logic in section 5 (three exclusions from the definition of 'carer')","Minimal cross-referencing—only references to 4 other Acts (Disability Inclusion Act 2018, Mental Health Act 1993, Volunteers Protection Act 2001, Children's Protection Act 1993/Children and Young People (Safety) Act 2017)","No nested exceptions or complex procedural requirements","Straightforward reporting obligation in section 7 with only two requirements"],"plain_english_summary":"This South Australian law formally recognises and supports people who care for family members or friends with disabilities, chronic illness, or frailty. It establishes a **Carers Charter**—a set of principles stating that carers deserve choices, good health, recognition, and partnership with service providers. The law requires certain government agencies and their contractors to understand these principles, consult carers when making policies, and report annually on how they're putting the Charter into practice. It specifically acknowledges that Aboriginal and Torres Strait Islander carers, young carers, and those in rural areas may need extra support. However, the law doesn't create new legal rights to services or payments—it's about changing how organisations think about and work with carers."}},"importantCases":[],"_links":{"self":"/api/acts/carers-recognition-act-2005","history":"/api/acts/carers-recognition-act-2005/history","analysis":"/api/acts/carers-recognition-act-2005/analysis","conflicts":"/api/acts/carers-recognition-act-2005/conflicts","importantCases":"/api/acts/carers-recognition-act-2005/important-cases","documents":"/api/acts/carers-recognition-act-2005/documents"}}