Applicable organisations to ensure compliance with Carers Charter 4
Reports to Council 4
Part 3 — Carers Advisory Council
Division 1 — Establishment and functions
Carers Advisory Council established 6
Functions of Council 6
Reports to Minister 7
Powers, generally 7
Minister may give directions 7
Minister to have access to information 8
Division 2 — Ancillary and procedural matters
Term of office 9
Casual vacancy 9
Chairman 10
Remuneration and allowances 11
Who presides at meetings 11
Procedure at meetings 11
Minutes 11
Part 4 — Miscellaneous
Regulations 12
Review of Act 12
Schedule 1 — The Western Australian Carers Charter
Schedule 2 — Applicable organisations
Division 1 — Reporting organisations
Division 2 — Other organisations
Notes
Compilation table 15
Defined terms
Western Australia
Carers Recognition Act 2004
An Act to provide for the recognition of carers by certain persons and bodies, and for related purposes.
[Long title amended: No. 33 of 2010 s. 53(2).]
Part 1 — Preliminary
1. Short title
This Act may be cited as the Carers Recognition Act 2004 1.
2. Commencement
This Act comes into operation on a day fixed by proclamation 1.
3. Object of Act
The object of this Act is —
(a) to recognise the role of carers in the community; and
(b) to provide a mechanism for the involvement of carers in the provision of services that impact on carers and the role of carers.
4. Terms used
In this Act, unless the contrary intention appears —
applicable organisation means a person or body specified in, or prescribed under, Schedule 2;
carer has the meaning given to that term in section 5;
Carers Charter means the Western Australian Carers Charter set out in Schedule 1;
Council means the Carers Advisory Council referred to in section 8(1);
public sector body has the meaning given to that term in the Public Sector Management Act 1994 section 3(1);
reporting organisation means a person or body specified in, or prescribed under, Schedule 2 Division 1.
5. Term used: carer
(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 —
(a) a person with a disability as defined in the Disability Services Act 1993 section 3; or
(b) a person who has a chronic illness, including a mental illness as defined in the Mental Health Act 2014 section 4; or
(c) a person who, because of frailty, requires assistance with carrying out everyday tasks; or
(d) a person of a prescribed class.
(2) However a person is not a carer if he or she —
(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
(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).
(3) A person is not a carer for the purposes of this Act only because —
(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
(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.
[Section 5 amended: No. 53 of 2006 s. 12(1); No. 25 of 2014 s. 37.]
Part 2 — Compliance with the Carers Charter
6. Applicable organisations to ensure compliance with Carers Charter
(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.
(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 —
(a) policy or program development; or
(b) strategic or operational planning,
that might affect carers and the role of carers.
7. Reports to Council
(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 —
(a) the performance of the organisation’s obligations under this Act; and
(b) the organisation’s compliance or non‑compliance with this Act; and
(c) the organisation’s compliance or non‑compliance with the Carers Charter; and
(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,
during the year that ended on the preceding 30 June.
(2) The report must include —
(a) if the organisation is a public sector body, details of the organisation’s compliance or non‑compliance with section 6(2); and
(b) any other specific information prescribed by the regulations.
(3) A reporting organisation may at any time report to the Council on any matter relating to the operation of this Act.
(4) A reporting organisation must ensure that a report under this section is made available to the public by publication in the prescribed manner.
Part 3 — Carers Advisory Council
Division 1 — Establishment and functions
8. Carers Advisory Council established
(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.
(2) In appointing the members the Minister is to ensure that they are chosen so as to reflect the interests of carers.
(3) Before appointing a person under subsection (1), the Minister is to consult with —
(a) the Minister administering the Disability Services Act 1993; and
(b) the Minister administering the Health Services Act 2016.
[Section 8 amended: No. 11 of 2016 s. 286(2).]
9. Functions of Council
(1) The functions of the Council are —
(a) to work to advance the interests of carers and promote compliance by applicable organisations with the Carers Charter; and
(b) to make recommendations to the Minister on fostering compliance by applicable organisations with the Carers Charter; and
(c) to provide general advice to the Minister on matters relating to carers; and
(d) to carry out other functions as directed by the Minister.
(2) The Council may, in writing, request a reporting organisation to provide any information relevant to the exercise of the Council’s functions.
(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.
10. Reports to Minister
(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 —
(a) the performance by reporting organisations of their obligations under this Act; and
(b) compliance or non‑compliance by reporting organisations with this Act; and
(c) compliance or non‑compliance by reporting organisations with the Carers Charter,
during the year which ended on the preceding 30 June.
(2) The report must include —
(a) details on the compliance or non‑compliance with section 6(2) by reporting organisations that are public sector bodies; and
(b) any other information prescribed by the regulations.
(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.
11. Powers, generally
The Council has all the powers it needs to perform its functions.
12. Minister may give directions
(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.
(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.
(3) If —
(a) at the commencement of the period referred to in subsection (2) a House of Parliament is not sitting; and
(b) the Minister is of the opinion that that House will not sit during that period,
the Minister is to transmit a copy of the direction to the Clerk of that House.
(4) A copy of a direction transmitted to the Clerk of a House is to be regarded as having been laid before that House.
(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.
(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.
(7) In subsection (6) —
department means the department principally assisting the Minister in the administration of this Act.
[Section 12 amended: No. 5 of 2005 s. 36; No. 77 of 2006 Sch. 1 cl. 18.]
13. Minister to have access to information
(1) In this section —
document includes any tape, disk or other device or medium on which information is recorded or stored mechanically, photographically, electronically or otherwise;
information means information specified, or of a description specified, by the Minister that relates to the functions of the Council.
(2) The Minister is entitled —
(a) to have information in the possession of the Council; and
(b) if the information is in or on a document, to have, and make and retain copies of, that document.
(3) For the purposes of subsection (2) the Minister may —
(a) request the Council to furnish information to the Minister; and
(b) request the Council to give the Minister access to information.
(4) The Council has to comply with a request under subsection (3).
Division 2 — Ancillary and procedural matters
14. Term of office
(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.
(2) A person’s eligibility for reappointment or the term for which a person may be reappointed is not affected by an earlier appointment.
15. Casual vacancy
(1) A member of the Council may at any time resign from office by notice in writing delivered to the Minister.
(2) The Minister may terminate the appointment of a member —
(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
(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
(c) if the member is an insolvent under administration, as that term is defined in the Corporations Act 2001 of the Commonwealth; or
(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
(e) for any other act or omission that in the opinion of the Minister may adversely affect the functioning of the Council.
(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.
16. Chairman
(1) The Minister is to appoint one of the members of the Council to be the chairman.
(2) The Council is to elect one member to be the deputy chairman.
(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.
17. Remuneration and allowances
Members 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.
[Section 17 amended: No. 39 of 2010 s. 89.]
18. Who presides at meetings
(1) The chairman, if present, is to preside at a meeting of the Council.
(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.
19. Procedure at meetings
Except as otherwise stated in this Act, the Council is to determine its own meeting procedures.
20. Minutes
The Council is to cause accurate minutes to be kept of the proceedings at its meetings.
Part 4 — Miscellaneous
21. Regulations
The 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.
22. Review of Act
(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 —
(a) the effectiveness of the operations of the Council; and
(b) the need for the continuation of the functions of the Council; and
(c) any other matters that appear to the Minister to be relevant to the operation and effectiveness of this Act.
(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.
[Part 5 (s. 23‑34) deleted: No. 33 of 2010 s. 53(3).]
Schedule 1 — The Western Australian Carers Charter
[s. 4]
Carers must be treated with respect and dignity.
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.
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.
Complaints made by carers in relation to services that impact on them and the role of carers must be given due attention and consideration.
Schedule 2 — Applicable organisations
[s. 4]
Division 1 — Reporting organisations
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).
The Disability Services Commission referred to in the Disability Services Act 1993 section 6.
A health service provider as defined in the Health Services Act 2016 section 6.
3A. 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.
Any other person or body prescribed for the purposes of this Division.
[Division 1 amended: No. 33 of 2010 s. 53(4); No. 11 of 2016 s. 286(3).]
Division 2 — Other organisations
A person or body providing a service to others under a contract with a reporting organisation.
Any other person or body prescribed for the purposes of this Division.
dline
Notes
1 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.
Compilation table
Short title
Number and year
Assent
Commencement
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)
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)
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)