{"id":"carers-recognition-act-2012","name":"Carers Recognition Act 2012","slug":"carers-recognition-act-2012","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176269,"registerId":"vic-carers-recognition-act-2012-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Carers Recognition Act 2012","content":"Version No. 003\n\n**Carers Recognition Act 2012**\n\n**No. 10 of 2012**\n\nVersion incorporating amendments as at  \n6 April 2020\n\n**TABLE OF PROVISIONS**\n\n*Section Page*\n\nPart 1—Preliminary 1\n\n1 Purposes 1\n\n2 Commencement 1\n\n3 Definitions 1\n\n4 Meaning of care relationship 3\n\n5 Application 4\n\n6 Application of Act to other laws 5\n\nPart 2—Care relationship principles 6\n\n7 Principles relating to carers 6\n\n8 Principles relating to persons being cared for 7\n\n9 Principles relating to care relationships 7\n\n10 Legal rights not affected 7\n\nPart 3—Obligations regarding carers and care relationships 8\n\n11 Obligations of care support organisations 8\n\n12 Reporting obligations 8\n\nPart 4—General 10\n\n13 Regulations 10\n\n═══════════════\n\nEndnotes 11\n\n1 General information 11\n\n2 Table of Amendments 13\n\n3 Amendments Not in Operation 14\n\n4 Explanatory details 15\n\n**Version No.** **003**\n\n**Carers Recognition Act 2012**\n\n**No. 10 of 2012**\n\nVersion incorporating amendments as at  \n6 April 2020\n\n**The Parliament of Victoria enacts:**\n\nPart 1—Preliminary\n\n\t1 Purposes\n\nThe main purposes of this Act are to—\n\n(a) recognise, promote and value the role of people in care relationships; and\n\n(b) recognise the different needs of persons in care relationships; and\n\n(c) support and recognise that care relationships bring benefits to the persons in the care relationship and to the community; and\n\n(d) enact care relationship principles to promote understanding of the significance of care relationships.\n\n\t2 Commencement\n\n(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.\n\n(2) If a provision of this Act does not come into operation before 1 July 2012, it comes into operation on that day.\n\n\t3 Definitions\n\nIn this Act—\n\n***care*** means the provision of ongoing support, assistance or personal care to another person;\n\n***care relationship*** has the meaning referred to in section 4;\n\n***care relationship principles*** mean the principles set out in Part 2;\n\n***care support organisation*** means a person or body that is bound by the application of this Act under section 5;\n\n***carer*** means a person, including a person under the age of 18 years, who provides care to another person with whom he or she is in a care relationship;\n\n***disability*** has the same meaning as in the **Disability Act 2006**;\n\n***funded care agency*** means a person or body that is funded by a public service care agency and has responsibility for programs or services that directly impact on carers and the persons for whom they care;\n\n***personal care*** has the same meaning as ***special or personal care*** has in the **Health Services Act 1988**;\n\nS. 3 def. of *public service care agency* amended by No. 9/2020 s. 390(Sch. 1 item 10).\n\n***public service care agency*** means—\n\n(a) a public service body within the meaning of the **Public Administration Act 2004**; or\n\n(b) a council within the meaning of the **Local Government Act 2020**; or\n\n(c) an entity established by or under an Act for a public purpose—\n\nthat is responsible for the development, implementation, provision or evaluation of policies, programs or services that affect carers and the persons for whom they care.\n\n\t4 Meaning of care relationship\n\n(1) For the purposes of this Act, a person is in a care relationship if he or she provides another person, or receives from another person, care because one of the persons in the relationship—\n\n(a) has a disability; or\n\n(b) is older; or\n\n(c) has a mental illness; or\n\n(d) has an ongoing medical condition (including a terminal or chronic illness or dementia).\n\n(2) Despite subsection (1), the following relationships are also care relationships  for the purposes of this Act—\n\n(a) a relationship where an individual has custody and guardianship of a child under a permanent care order made under Part 4.10 of the **Children, Youth and Families Act 2005**; and\n\n(b) a relationship where a child is placed with an individual who provides care to that child under a child care agreement made under Part 3.5 of the **Children, Youth and Families Act 2005**; and\n\n(c) a relationship where a child is placed with an individual who provides care to that child under a protection order made under Part 4.9 of the **Children, Youth and Families Act 2005**.\n\n(3) For the purposes of this Act, a person is not in a care relationship with another person merely because he or she—\n\n(a) is the spouse, or the domestic partner within the meaning of the **Children, Youth and Families Act 2005**, of the other person; or\n\n(b) is the parent, child or other relative of the other person; or\n\n(c) lives with the other person.\n\n(4) Despite anything to the contrary in this section, a person is not in a care relationship for the purposes of this Act if he or she provides care to another person—\n\n(a) under a contract of service or a contract for the provision of services; or\n\n(b) under an employment contract; or\n\n(c) in the course of doing voluntary work for a community organisation; or\n\n(d) as part of the requirements of an education course or training.\n\n(5) A person described in subsection (1) or (2) may be in a care relationship even if the person receives funding from either the Commonwealth or State Government in relation to carrying out the role of a carer.\n\n\t5 Application\n\n(1) This Act applies to—\n\n(a) public service care agencies; and\n\n(b) funded care agencies; and\n\n(c) any person or body that has entered into a contract or funding arrangement with a funded care agency to undertake all or part of the funded care agency's responsibilities in relation to the provision of programs or services that directly impact on carers and the persons for whom they care, but only in relation to those activities; and\n\n(d) any person, or class of person, or body that is prescribed by the regulations.\n\n(2) Despite subsection (1), this Act does not apply to—\n\n(a) family day care services within the meaning of the **Education and Care Services National Law Act 2010**;\n\n(b) children's services within the meaning of the **Children's Services Act 1996**;\n\n(c) children's services within the meaning of the **Education and Care Services National Law Act 2010**;\n\n(d) education and care services within the meaning of the **Education and Care Services National Law Act 2010**;\n\n(e) preschool programs within the meaning of the **Education and Care Services National Law Act 2010**;\n\n(f) Government and non-Government schools within the meaning of the **Education and Training Reform Act 2006**.\n\n\t6 Application of Act to other laws\n\nIf there is any inconsistency between this Act (other than section 12) and any other Act, the provisions of the other Act prevail.\n\nPart 2—Care relationship principles\n\n\t7 Principles relating to carers\n\nA carer should—\n\n(a) be respected and recognised—\n\n(i) as an individual with his or her own needs; and\n\n(ii) as a carer; and\n\n(iii) as someone with special knowledge of the person in his or her care; and\n\n(b) be supported as an individual and as a carer, including during changes to the care relationship; and\n\n(c) be recognised for his or her efforts and dedication as a carer and for the social and economic contribution to the whole community arising from his or her role as a carer; and\n\n(d) if appropriate, have his or her views and cultural identity taken into account, together with the views, cultural identity, needs and best interests of the person for whom he or she is a carer, in matters relating to the care relationship, including when decisions are made that impact on the carer and the care relationship; and\n\n(e) have his or her social wellbeing and health recognised in matters relating to the care relationship; and\n\n(f) have the effect of his or her role as a carer on his or her participation in employment and education recognised and considered in decision making.\n\n\t8 Principles relating to persons being cared for\n\nA person being cared for in a care relationship should—\n\n(a) be respected, recognised and supported as an individual and as a person in a care relationship, including during changes to the care relationship; and\n\n(b) have his or her views taken into account, together with his or her needs, cultural identity and best interests, in how he or she is cared for; and\n\n(c) have his or her changing needs considered and taken into account in how he or she is cared for.\n\n\t9 Principles relating to care relationships\n\nA person in a care relationship should—\n\n(a) have his or her care relationship respected and honoured; and\n\n(b) if appropriate, have his or her views considered in the assessment, planning, delivery, management and review of services affecting him or her and the care relationship.\n\n\t10 Legal rights not affected\n\nThe care relationship principles set out in this Part do not create, or confer on any person, any right or entitlement enforceable at law.\n\nPart 3—Obligations regarding carers and care relationships\n\n\t11 Obligations of care support organisations\n\n(1) A care support organisation must—\n\n(a) take all practicable measures to ensure that its employees and agents have an awareness and understanding of the care relationship principles; and\n\n(b) take all practicable measures to ensure that persons who are in care relationships and who are receiving services in relation to the care relationship from the care support organisation have an awareness and understanding of the care relationship principles; and\n\n(c) take all practicable measures to ensure that the care support organisation and its employees and agents reflect the care relationship principles in developing, providing or evaluating support and assistance for persons in care relationships.\n\n(2) Nothing in this section creates any obligation on a care support organisation to provide funding or services to persons in care relationships.\n\n\t12 Reporting obligations\n\n(1) Despite anything to the contrary in any other Act, a care support organisation must prepare a report on its compliance with its obligations under section 11.\n\n(2) A report required under this section must—\n\n(a) be included in the care support organisation's annual report; and\n\n(b) relate to the period to which the annual report relates; and\n\n(c) include any additional information required by the regulations.\n\nPart 4—General\n\n\t13 Regulations\n\n(1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.\n\n(2) Without limiting subsection (1), the Governor in Council may make regulations for or with respect to—\n\n(a) prescribing persons or bodies to whom this Act is to apply; and\n\n(b) prescribing information to be included in reports of care support agencies.\n\n(3) Regulations made under this Act may—\n\n(a) be of general or limited application;\n\n(b) differ according to differences in time, place or circumstance;\n\n(c) confer a discretionary authority or impose a duty on a specified person or body or a specified class of person or body.\n\nPt 5 (Heading and ss 14, 15) repealed by No. 10/2012 s. 15.\n\n* * * * *\n\n ═══════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\n *Minister's second reading speech—*\n\n *Legislative Assembly: 8 February 2012*\n\n *Legislative Council: 1 March 2012*\n\nThe long title for the Bill for this Act was \"A Bill for an Act to provide for the recognition of people in care relationships and for other purposes.\"\n\nThe **Carers Recognition Act 2012** was assented to on 20 March 2012 and came into operation on 1 July 2012: section 2(2).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Carers Recognition Act 2012** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Carers Recognition Act 2012, No. 10/2012**\n\n| *Assent Date:* | 20.3.12 |\n| --- | --- |\n| *Commencement Date:* | S. 15 on 1.7.13: s. 15 |\n| *Current State:* | This information relates only to the provision/s amending the **Carers Recognition Act 2012** |\n\n\n**Local Government Act 2020, No. 9/2020**\n\n| Assent Date: | 24.3.20 |\n| --- | --- |\n| Commencement Date: | S. 390(Sch. 1 item 10) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Carers Recognition Act 2012** |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Amendments Not in Operation\n\nThis version does not contain amendments that are not yet in operation.\n\n4 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains consistent with its original purpose of recognising and promoting the role of carers through non-binding principles and reporting obligations. The only amendment noted (Local Government Act 2020) updated a cross-reference from the old Local Government Act 1989 to the new Local Government Act 2020, maintaining the same substantive scope regarding which bodies are covered."},"complexity_factors":["Short statute with only 13 operative sections (Parts 1-4, with Part 5 repealed)","Minimal cross-referencing—primarily references to definitions in other Acts (Disability Act 2006, Health Services Act 1988, Children Youth and Families Act 2005, Public Administration Act 2004, Local Government Act 2020)","Straightforward conditional logic in section 4 defining care relationships through a combination of inclusion (subsections 1-2) and exclusion (subsections 3-4) rules","Only 9 defined terms in section 3, with most definitions referring to external legislation rather than creating complex internal definitions","No nested exceptions or deeply conditional operational provisions—section 11 obligations are broad and aspirational ('take all practicable measures') rather than prescriptive","Simple reporting obligation in section 12 requiring inclusion in annual reports without complex procedural requirements"],"plain_english_summary":"This Victorian law recognises and supports people who provide unpaid care to family members or friends who have disabilities, are elderly, have mental illness, or have ongoing medical conditions.\n\n**What it does:**\n- **Defines who is a 'carer'**: Someone (including children under 18) who provides ongoing support to another person because that person has a disability, is older, has mental illness, or has a chronic/terminal illness. It specifically includes foster carers and permanent carers under child protection orders.\n- **Sets out principles**: The Act establishes guidelines for how carers and people being cared for should be treated—emphasising respect, recognition of the carer's own needs, and consideration of their views in decisions about care.\n- **Creates obligations for government bodies**: Public service agencies and funded care organisations must ensure their staff understand these principles and apply them when developing services. They must also report annually on how they're complying.\n\n**Important limitations:**\n- The principles are **not legally enforceable rights**—they're guidelines only.\n- The Act **doesn't create any obligation** for organisations to actually provide funding or services to carers.\n- It **doesn't apply** to paid care workers, volunteers, or people caring just because they're spouses or relatives (unless there's also a care need due to disability/illness).\n- It **doesn't apply** to schools, childcare centres, or preschools.\n\n**Who it affects:**\n- Unpaid carers in Victoria\n- Government departments, local councils, and organisations funded by government to provide carer-related services\n\n**Why it matters:**\nWhile it doesn't give carers new legal rights to services or money, it requires government agencies to formally acknowledge carers' contributions and consider their wellbeing when designing policies and programs."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Act’s scope was expanded by amendment to the definition of \"public service care agency\" to include councils under the Local Government Act 2020 (see s3 definition as amended; Table of Amendments referencing Local Government Act 2020, s390(Sch. 1 item 10)). That amendment broadens which public bodies are captured by the Act’s application provisions (s5)."},"complexity_factors":["Cross‑references to multiple other Acts (definitions and scope depend on the Disability Act 2006, Health Services Act 1988, Children, Youth and Families Act 2005 and Public Administration/Local Government Acts) which requires checking other statutes to interpret terms (see s3, s4).","Detailed inclusions and exclusions for what counts as a care relationship (subsections s4(1)–(4)) create borderline cases (e.g. family members vs paid carers).","Application limited to specified bodies and activities (public service care agencies, funded care agencies, contracted providers, and any prescribed bodies) so determining whether an entity is covered can require contract and funding analysis (s5(1)(a)–(d)).","Principles are expressly non‑justiciable (no legally enforceable rights), shifting effect to policy and administrative practice rather than private law claims (s10).","Obligations framed as taking “all practicable measures” are open‑ended and impose an imprecise compliance burden on organisations (s11(1)).","Mandatory reporting requirement (must include a compliance report in the organisation’s annual report) creates an ongoing administrative task and possible regulatory detail added by regulations (s12(1)–(2)).","Regulations may prescribe additional bodies, reporting information and may confer discretionary powers or duties, leaving significant executive detail to subordinate instruments (s13(2)–(3)(c)).","Provision resolving inconsistencies gives other Acts precedence over this Act (other than s12), which complicates interaction with sectoral laws and may limit the Act’s operational scope (s6).","Amendments to the definition of public service care agency (notably to include councils) change the universe of covered entities and require attention to amendment history when assessing coverage (see s3 and Table of Amendments)."],"plain_english_summary":"This Act requires certain public and funded care organisations to adopt and report against non‑binding “care relationship principles” that recognise and support carers and the people they care for. It applies to public service care agencies, funded care agencies and contracted providers, while excluding specified child‑care and school services.\n\nCovered organisations must take “all practicable measures” to promote awareness of the principles among staff and service users and must include a compliance report in their annual report; regulations may add prescribed bodies or reporting details."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act appears consistent with its original intent — to formally recognise carers and create soft obligations on public bodies. It does not appear to have significantly expanded or contracted in scope from its original purpose as a recognition and principles-based framework."},"complexity_factors":["Limited legislative text provided — full Act content not available for deep analysis","Relatively narrow subject matter focused on recognition and principles rather than complex regulatory machinery","Obligations placed on public bodies are broad and somewhat vague, requiring interpretation","Distinction between aspirational principles and legally enforceable rights can cause confusion for lay readers","Interaction with other care-related legislation (e.g. Disability Act, Mental Health Act) adds some cross-referencing complexity"],"plain_english_summary":"The Carers Recognition Act 2012 formally acknowledges unpaid carers and requires public bodies and government-funded organisations to consider carers’ needs when planning and delivering services, plus to review and report on that consideration. It affects family, friend and neighbour carers and the agencies that serve them. It matters because it puts carers on the legislative map and promotes institutional accountability, while stopping short of creating enforceable individual legal rights."}},"importantCases":[],"_links":{"self":"/api/acts/carers-recognition-act-2012","history":"/api/acts/carers-recognition-act-2012/history","analysis":"/api/acts/carers-recognition-act-2012/analysis","conflicts":"/api/acts/carers-recognition-act-2012/conflicts","importantCases":"/api/acts/carers-recognition-act-2012/important-cases","documents":"/api/acts/carers-recognition-act-2012/documents"}}