{"id":"nsw:act-2010-020","name":"Carers (Recognition) Act 2010","slug":"carers-recognition-act-2010","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"20 of 2010","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":45016,"registerId":"nsw-act-2010-020-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Carers (Recognition) Act 2010](/view/html/inforce/current/act-2010-020).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on the date of assent to this Act.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Objects of Act","content":"#### 3 Objects of Act\n\n3 Objects of Act\n\n> The objects of this Act are:\n> \n> > (a) to enact a Carers Charter to recognise the role and contribution of carers to our community and to the people they care for, and\n> \n> > (b) to increase the awareness of the valuable contribution that carers make to our community.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n4 Definitions\n\n> In this Act:\n> \n> carer—see section 5.\n> \n> exercise a function includes perform a duty.\n> \n> function includes a power, authority or duty.\n> \n> human service agency means a public sector agency that provides services directed at carers or persons being cared for by carers.\n> \n> NSW Carers Charter means the Charter set out in Schedule 1.\n> \n> parent, of another person, includes a person who has been allocated parental responsibility or has care responsibility for the other person under the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157).\n> \n> public sector agency means any of the following:\n> \n> > (a) a Division of the Government Service,\n> \n> > (b) a local health district or statutory health corporation (within the meaning of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154)),\n> \n> > (c) the NSW Police Force,\n> \n> > (d) a NSW Government agency or other authority of the State,\n> \n> > (e) a local council,\n> \n> > (f) a State owned corporation,\n> \n> > (g) any other person or body that is prescribed by the regulations for the purposes of this definition.\n> \n> reporting period, for a human service agency, means a period of 12 months to which an annual report of the agency relates.\n> \n> **s 4:** Am 2010 No 97, Sch 2.2; 2011 No 4, Sch 2.2.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Meaning of “carer”","content":"#### 5 Meaning of “carer”\n\n5 Meaning of “carer”\n\n> > (1) For the purposes of this Act, a person is a carer if the person is an individual who provides ongoing personal care, support and assistance to any other individual who needs it because that other individual:\n> > \n> > > (a) is a person with disability within the meaning of the [Disability Inclusion Act 2014](/view/html/inforce/current/act-2014-041), 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) Despite subsection (1), a person is not a carer for the purposes of this Act in respect of care, support and assistance that the person 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, a person is not a carer of another person for the purposes of this Act merely because the person:\n> > \n> > > (a) is the spouse or de facto partner of the person, or\n> > \n> > > (b) is the parent, guardian, child or other relative of the other person, or\n> > \n> > > (c) lives with the other person.\n> \n> **s 5:** Am 2014 No 41, Sch 5.1.","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"NSW Carers Charter","content":"# Part 2 NSW Carers Charter\n\nPart 2 NSW Carers Charter","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Charter for recognition of carers","content":"#### 6 Charter for recognition of carers\n\n6 Charter for recognition of carers\n\n> The NSW Carers Charter is set out in Schedule 1.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Obligations of public sector agencies","content":"#### 7 Obligations of public sector agencies\n\n7 Obligations of public sector agencies\n\n> > (1) A public sector agency must take all reasonable steps to ensure that the members of staff and agents of the agency have an awareness and understanding of the NSW Carers Charter.\n> \n> > (2) A public sector agency must consult with such carers or bodies representing carers as the agency considers appropriate when developing policies that impact on carers.\n> \n> > (3) A public sector agency’s internal human resources policies, so far as they may significantly affect the role of a member of staff of the agency as a carer, are to be developed having due regard to the NSW Carers Charter.\n> \n> **s 7:** Am 2017 No 22, Sch 1.3 \\[1\\].","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Additional obligations of human service agencies","content":"#### 8 Additional obligations of human service agencies\n\n8 Additional obligations of human service agencies\n\n> > (1) A human service agency must take all reasonable steps to ensure that the agency, and the members of staff and agents of the agency, take action to reflect the principles of the NSW Carers Charter.\n> \n> > (2) A human service agency must prepare a report on its compliance with this Act in each reporting period. The report must be included in the agency’s annual report for the reporting period.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Legal rights not affected","content":"#### 9 Legal rights not affected\n\n9 Legal rights not affected\n\n> > (1) Nothing in this Act gives rise to, or can be taken into account in, any civil cause of action, and without limiting the generality of the foregoing, nothing in this Act:\n> > \n> > > (a) operates to create in any person any legal rights not in existence before the enactment of this Act, or\n> > \n> > > (b) affects the validity, or provides grounds for review, of any judicial or administrative act or omission.\n> \n> > (2) If a public sector agency is required by another law to consider particular matters, or to comply with particular requirements, in the exercise of its functions, nothing in this Act is to be taken to require the agency to act inconsistently with that law.","sortOrder":10},{"sectionNumber":"Part 3","sectionType":"part","heading":"Carers Advisory Council","content":"# Part 3 Carers Advisory Council\n\nPart 3 Carers Advisory Council","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Establishment of Carers Advisory Council","content":"#### 10 Establishment of Carers Advisory Council\n\n10 Establishment of Carers Advisory Council\n\n> There is established by this Act a Carers Advisory Council.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Membership and procedure of Carers Advisory Council","content":"#### 11 Membership and procedure of Carers Advisory Council\n\n11 Membership and procedure of Carers Advisory Council\n\n> > (1) The Carers Advisory Council is to consist of persons appointed as members by the Minister who, in the opinion of the Minister, have relevant knowledge of and experience in matters relevant to carers (the appointed members).\n> \n> > (1A) Of the appointed members of the Council, 1 is to be appointed as Chair of the Council and 1 is to be appointed as Deputy Chair of the Council.\n> \n> > (2) The Minister is to ensure when appointing members to the Carers Advisory Council that the majority of members on the Council are persons who the Minister considers are carers.\n> \n> > (3) (Repealed)\n> \n> > (4) Subject to this section, the Minister may determine the term of office and remuneration of members and the procedure of the Carers Advisory Council, including the procedure for the appointment of deputies of members and ex-officio members.\n> > \n> > Note—\n> > \n> > Certain incidental powers to remove members are implied in the powers of appointment in this section (see section 47 of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015)).\n> \n> **s 11:** Am 2017 No 22, Sch 1.3 \\[2\\]–\\[6\\].","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Functions of Carers Advisory Council","content":"#### 12 Functions of Carers Advisory Council\n\n12 Functions of Carers Advisory Council\n\n> The Carers Advisory Council has the following functions:\n> \n> > (a) to advance the interests of carers,\n> \n> > (b) to review and make recommendations to the Minister on any legislative or policy proposal, or any other matter, relating to carers referred to the Carers Advisory Council by the Minister,\n> \n> > (c) to carry out such other functions relating to carers as may be directed by the Minister.","sortOrder":14},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\nPart 4 Miscellaneous","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Regulations","content":"#### 13 Regulations\n\n13 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> > (2) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act.","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Transitional provision","content":"#### 14 Transitional provision\n\n14 Transitional provision\n\n> Section 8 (2) does not apply to a reporting period of a human service agency that commenced before the commencement of this Act.","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Review of Act","content":"#### 15 Review of Act\n\n15 Review of Act\n\n> > (1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.\n> \n> > (3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.","sortOrder":18},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"NSW Carers Charter","content":"# Schedule 1 NSW Carers Charter\n\nSchedule 1 NSW Carers Charter\n\n(Section 6)\n\n**sch 1:** Subst 2017 No 22, Sch 1.3 \\[7\\].","sortOrder":19}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of recognition and awareness-raising. The 2017 amendments updated the Charter language and refined the Carers Advisory Council structure but did not expand the Act into service delivery, funding, or enforcement mechanisms. The scope has remained stable as a symbolic/policy framework rather than growing into a substantive rights-based or service-provision statute."},"complexity_factors":["Short statute with only 15 sections plus a 4-part Schedule","Minimal cross-referencing — only references to external Acts for definitions (Disability Inclusion Act, Health Services Act, etc.)","Simple conditional logic in section 5 defining 'carer' with 4 inclusion criteria and 3 exclusion categories","Straightforward obligations using 'must take all reasonable steps' rather than complex compliance mechanisms","No delegated legislative powers beyond standard regulation-making power in section 13","Single amendment history (2017) affecting only membership provisions and the Charter text itself"],"plain_english_summary":"**What this law does:**\n\nThis Act formally recognises the role of unpaid carers in New South Wales and establishes a **Carers Charter** — a set of principles acknowledging that carers make valuable contributions to society and deserve support.\n\n**Who it affects:**\n\n- **Carers**: People who provide ongoing personal care to someone with a disability, chronic illness, mental illness, or who is frail and aged. Importantly, this excludes paid care workers, volunteers, and students doing placements. Being a spouse, parent, or housemate alone doesn't make someone a \"carer\" under this law — there must be actual ongoing care provided.\n- **Public sector agencies**: Government departments, hospitals, police, local councils, and other state bodies must ensure staff know about the Charter and consult carers when developing policies.\n- **Human service agencies**: A subset of public agencies that specifically provide services to carers or those they care for. These agencies must actively apply the Charter's principles and report annually on their compliance.\n\n**What it requires:**\n\n- Government agencies must **raise awareness** of the Charter among staff\n- Agencies must **consult with carers** when making policies that affect them\n- Agencies must consider the Charter when developing **workplace policies** affecting staff who are carers\n- Human service agencies must **report annually** on how they're implementing the Charter\n\n**What it doesn't do:**\n\nThis Act is **not enforceable by individuals** — section 9 explicitly states that nothing in the Act creates legal rights or grounds for lawsuits. It's a **symbolic and policy framework** designed to change how government thinks about and treats carers, rather than a law that carers can use to sue for services or support.\n\n**The Carers Advisory Council:**\n\nThe Act also establishes an advisory body (majority carers) to review policies and make recommendations to the Minister.\n\n**Why it matters:**\n\nWhile it doesn't give carers direct legal rights to services or financial support, it creates a **mandatory framework** for government recognition and consultation. It puts carers \"on the radar\" of policy-makers and requires regular reporting, making it harder for agencies to ignore carer needs entirely."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act appears to have remained consistent with its original intent as a recognition and framework statute for unpaid carers in NSW. The amendments made over its history (reflected in the point-in-time versions) appear to be minor administrative updates rather than substantive changes to scope or purpose. The responsible minister has changed over time, but the core function of the Act — formally recognising carers and directing government agencies to consider their needs — remains intact."},"complexity_factors":["Primarily a framework/recognition Act with limited operative provisions, keeping complexity low","Contains a Carers Charter with principles that interact with obligations on public sector agencies, requiring some interpretation","Distinction between symbolic recognition obligations and enforceable legal rights may confuse readers","Overlap with Commonwealth Carer Recognition Act 2010 creates potential confusion about which law applies and when","Relatively short Act with few amendments since 2010, limiting complexity from legislative change"],"plain_english_summary":"## Carers (Recognition) Act 2010 (NSW)\n\n**What is this law about?**\n\nThis is a NSW law designed to formally recognise the role of **carers** — people who provide unpaid care and support to family members or others who have a disability, mental illness, chronic condition, terminal illness, or who are frail aged. Think of a parent caring for a child with a severe disability, or an adult child looking after an ageing parent with dementia.\n\n**What does it actually do?**\n\nThe Act formally acknowledges the enormous contribution carers make to Australian society. It typically:\n- Establishes a **Carers Charter** (a set of principles about how carers should be treated by government agencies and service providers)\n- Requires NSW public sector agencies to take the needs and rights of carers into account when making decisions and delivering services\n- Does **not** create direct financial payments or enforceable legal rights for individual carers — it is largely a **recognition and policy framework** law\n\n**Who does it affect?**\n\n- **Unpaid carers** across NSW — estimated to be hundreds of thousands of people\n- **NSW government agencies** (such as health, housing, and disability services) who must consider carer needs in their work\n- **Service providers** working in the care sector\n\n**Why does it matter?**\n\nIf you are an unpaid carer, this law means the government is officially required to acknowledge your role and consider your needs. However, it is important to understand that this Act is largely **symbolic and directional** — it sets expectations for government behaviour rather than giving you the right to sue if those expectations are not met.\n\n**Note:** This is a NSW State law, administered by the **Minister for Seniors**. There is also a separate federal (Commonwealth) Carer Recognition Act 2010."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act’s operational scope aligns with its stated objects: it enacts a carers’ Charter and places administrative obligations on public sector agencies and human service agencies to promote awareness, consultation and compliance reporting, and it establishes an advisory council (ss 3, 6–8, 10–12). The Act does not, in its text, create private legal rights and limits judicial challenge (s 9), which is consistent with the Act’s framing as a recognition and administrative instrument rather than a source of enforceable rights."},"complexity_factors":["Clear structure: definitions, Charter, agency obligations, advisory council, regulations and review (Parts 1–4; Schedule 1).","Several specific definitional exclusions and inclusions for 'carer' that affect coverage and eligibility (s 5).","Ministerial discretion over Council appointments, terms and remuneration introduces administrative variability (s 11(1), (2), (4)).","Reporting requirement for human service agencies requires administrative processes and annual compliance reporting (s 8(2)).","Legal non‑enforceability clause limits judicial remedies and shapes compliance as administrative rather than litigation‑driven (s 9).","Regulatory power and ability to prescribe additional bodies as public sector agencies creates potential scope expansion by regulation (s 4(g), s 13)."],"plain_english_summary":"What this law does, in plain terms\n\n- Mechanically, the Act creates a formal NSW Carers Charter (Schedule 1), places duties on public sector agencies to promote awareness of that Charter and to consult carers when making policies that affect them (ss 6–8), requires human service agencies to act in ways that reflect the Charter and to report on compliance in their annual reports (s 8), establishes a Carers Advisory Council to advise the Minister (ss 10–12), and preserves that the Charter does not create new enforceable legal rights (s 9). The Governor may make regulations to support the Act (s 13) and the Minister must review the Act about five years after assent (s 15).\n\nWhy it exists (the stated purpose)\n\n- The Act’s stated objects are to put the NSW Carers Charter into law to recognise carers’ role and contribution, and to increase awareness of carers’ contribution to the community (s 3). The Charter itself sets out principles about recognising carers’ contribution, supporting carers’ health and well‑being, acknowledging carer diversity, and treating carers as partners in care (Schedule 1).\n\nHow it works mechanically and who decides\n\n- The Minister appoints members of the Carers Advisory Council, including Chair and Deputy Chair, must ensure a majority of appointed members are people the Minister considers are carers, and may set members’ terms and any remuneration (s 11). The Council’s remit is to advance carers’ interests, review and advise the Minister on matters referred by the Minister, and perform other Ministerial directions (s 12).\n- Public sector agencies (defined broadly in s 4) must take all reasonable steps to make staff and agents aware of the Charter and must consult carers or carer bodies when developing policies that impact carers (s 7). Human service agencies have the additional obligation to take all reasonable steps to reflect Charter principles in their actions and to include a compliance report in each annual report for each 12‑month reporting period (s 8(1)–(2)).\n\nWho pays and who bears the burden\n\n- The immediate administrative and compliance costs fall on the public sector agencies and human service agencies that must implement awareness, consultation and reporting measures (ss 7–8). Those agencies must use their own resources to train staff, change internal HR policies where they significantly affect staff who are carers, consult with carers when developing policy, and prepare compliance reporting for annual reports (ss 7–8).\n- The Minister determines Council member remuneration and terms (s 11(4)), which implies government budgets will meet costs of operating the Council as determined by the Minister (s 11).\n\nKey limits, discretion and legal effect\n\n- The Act explicitly states it does not create civil causes of action or new legal rights and cannot be used to challenge judicial or administrative acts (s 9). That means the Charter is a policy and administrative instrument, not a source of private legal remedies under this Act.\n- The Minister has substantive discretion: appointment of Council members depends on the Minister’s opinion of relevant knowledge/experience and whether members are carers (s 11(1)–(2)), and the Minister can direct the Council’s functions (s 12(c)). Regulations can expand or clarify who counts as a public sector agency (s 4(g)) and the Governor may make regulations to carry the Act into effect (s 13). These provisions give the executive practical flexibility in implementation.\n\nDefinitions and coverage that matter for implementation\n\n- The Act defines “carer” narrowly for its purposes: an individual providing ongoing personal care to another who has disability, medical condition, mental illness or is frail and aged (s 5(1)), but excludes care provided under employment contracts, certain volunteer work, or as part of education/training (s 5(2)). The Act also clarifies a person is not a carer for these purposes merely by being a spouse, parent, guardian, relative, or co‑resident (s 5(3)). These definitional limits determine who is covered by the Charter obligations and by the Council’s representational requirement.\n\nTrade‑offs, implementation risk and likely operational effects (mechanical assessment)\n\n- Trade‑offs: the Act creates administrative obligations for public agencies (awareness programs, consultation processes, HR policy consideration, and reporting) which use agency time and budgets (ss 7–8). Those obligations do not, however, create enforceable private legal claims (s 9).\n- Implementation risks: the Act relies on agency action “to take all reasonable steps” (ss 7–8) and on Ministerial and regulatory choices (ss 11, 13), so practical results depend on how vigorously agencies and the executive implement and resource those steps. The Minister’s appointment and direction powers (ss 11–12) affect the Council’s membership and priorities.\n- Effects on third parties and markets: the Act places obligations on public sector agencies and human service agencies as defined (s 4) and does not, on its face, impose duties on private businesses except where regulations might prescribe other bodies as public sector agencies (s 4(g), s 13). The Act’s mechanics therefore change public sector administrative behaviour and reporting, but do not directly regulate private enterprise activity in the text provided.\n\nBottom line\n\n- The Act establishes a formal Charter and administrative duties for public agencies and human service agencies to recognise carers and reflect Charter principles, creates an advisory Council appointed by the Minister, requires periodic reporting by human service agencies, and leaves the Charter non‑justiciable (no new civil causes of action). Implementation depends on agency resources, Ministerial choices and any regulations made under the Act (ss 3, 6–12, 13, 8(2), 9)."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/carers-recognition-act-2010","history":"/api/acts/carers-recognition-act-2010/history","analysis":"/api/acts/carers-recognition-act-2010/analysis","conflicts":"/api/acts/carers-recognition-act-2010/conflicts","importantCases":"/api/acts/carers-recognition-act-2010/important-cases","documents":"/api/acts/carers-recognition-act-2010/documents"}}