NORTHERN TERRITORY OF AUSTRALIA
CARERS RECOGNITION ACT 2006
As in force at 13 November 2014
Table of provisions
Part 1 Preliminary matters
1 Short title ......................................................................................... 1
2 Commencement .............................................................................. 1
3 Objects of Act .................................................................................. 1
4 Definitions ........................................................................................ 1
5 Who is a carer ................................................................................. 2
Part 2 Compliance with Carers Charter
6 Obligations of applicable organisations relating to Carers
Charter............................................................................................. 3
7 Report by reporting organisation ..................................................... 3
Part 3 Miscellaneous matters
8 Regulations...................................................................................... 4
9 Review of Act................................................................................... 4
Schedule Northern Territory Carers Charter
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 13 November 2014
CARERS RECOGNITION ACT 2006
An Act about the recognition of carers and for related purposes
Part 1 Preliminary matters
1 Short title
This Act may be cited as the Carers Recognition Act 2006.
2 Commencement
This Act commences on the date fixed by the Administrator by
Gazette notice.
3 Objects of Act
The objects of this Act are:
(a) to recognise the role of carers in the community; and
(b) to provide for the reporting by organisations of the action
taken to reflect the principles of the Carers Charter in
providing relevant services.
4 Definitions
In this Act:
applicable organisation means:
(a) a reporting organisation; or
(b) an entity providing relevant services under a contract with a
reporting organisation (other than a contract of employment);
or
(c) another entity declared by regulation to be an applicable
organisation.
carer, see section 5.
Part 1 Preliminary matters
Carers Recognition Act 2006 2
Carers Charter means the Northern Territory Carers Charter in the
Schedule.
relevant services means services relevant to carers and the
persons they care for.
reporting organisation means:
(a) an Agency that provides relevant services; or
(b) another entity declared by regulation to be a reporting
organisation.
5 Who is a carer
(1) A person is a carer if the person is an individual who provides
ongoing care or assistance to:
(a) a person who has a disability as defined in the Disability
Services Act 1993; or
(b) a person who has a chronic illness, including a mental illness
as defined in the Mental Health and Related Services
Act 1998; or
(c) a person who, because of frailty, requires assistance with the
carrying out of everyday tasks; or
(d) a person of a class prescribed by regulation.
(2) However, a person is not a carer if the person provides the care or
assistance:
(a) under a contract for services or a contract of service; or
(b) in the course of doing community work organised by a
community organisation.
(3) Also, a person is not a carer only because the person:
(a) is a spouse, de facto partner, parent, guardian or decision
maker (as defined in section 3 of the Advance Personal
Planning Act 2013) of the person to whom the care or
assistance is being provided; or
(b) provides care to a child who is in the person's care under the
Care and Protection of Children Act 2007.
Part 2 Compliance with Carers Charter
Carers Recognition Act 2006 3
Part 2 Compliance with Carers Charter
6 Obligations of applicable organisations relating to Carers
Charter
(1) An applicable organisation must take all practicable measures to
ensure the organisation and its officers, employees or agents:
(a) have an awareness and understanding of the Carers Charter;
and
(b) take action to reflect the principles of the Charter in providing
relevant services of the organisation.
(2) Without limiting subsection (1), an applicable organisation that is an
Agency must consult carers, or entities that represent carers, in:
(a) policy or program development; or
(b) strategic or operational planning, relevant to carers and the
persons they care for.
7 Report by reporting organisation
(1) A reporting organisation must prepare a report on the following for
each financial year:
(a) the performance of the organisation's obligations under this
Act;
(b) the organisation's compliance or non-compliance with this Act;
(c) the organisation's compliance or non-compliance with the
Carers Charter;
(d) the compliance or non-compliance with the Carers Charter of
any entity providing a service to others under a contract with
the organisation;
(e) other information prescribed by regulation.
(2) The report may be combined with another annual report of the
organisation.
(3) The organisation must:
(a) give a copy of the report to the Minister within 3 months after
the end of the financial year to which the report relates; and
(b) ensure a copy of the report is available for inspection by the
public at the organisation's office during business hours.
Part 3 Miscellaneous matters
Carers Recognition Act 2006 4
Part 3 Miscellaneous matters
8 Regulations
The Administrator may make regulations under this Act.
9 Review of Act
The Minister must, within 5 years after the commencement of this
Act:
(a) review the operation and effectiveness of this Act; and
(b) table a copy of the report of the review in the Legislative
Assembly.
Schedule Northern Territory Carers Charter
Carers Recognition Act 2006 5
Schedule Northern Territory Carers Charter
section 4,
definition Carers Charter
Carers must be treated with respect and dignity.
Carers must be acknowledged as individuals with their own needs
within and beyond the role of carer.
The diversity of carers' individual needs must be acknowledged and
identified, taking into consideration cultural and linguistic differences,
age, disability, religion, socioeconomic status, gender identification and
where people live. In particular, it is important to recognise the needs of
Aboriginal carers and children and young people who are carers.
Carers must receive information on their rights when dealing with
Agencies.
The role of carers must be formally recognised by including carers in
the assessment, planning, delivery and review of services that impact
on them and their caring role.
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 their caring role.
Programs and services for carers must be responsive, coordinated and
appropriate.
Complaints made by carers about services that impact on them and the
role of carers must be properly considered.
ENDNOTES
Carers Recognition Act 2006 6
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Carers Recognition Act 2006 (Act No. 22, 2006)
Assent date 19 September 2006
Commenced 29 November 2006 (Gaz G48, 29 November 2006, p 2)
Statute Law Revision Act 2009 (Act No. 25, 2009)
Assent date 1 September 2009
Commenced 16 September 2009 (Gaz G37, 16 September 2009, p 3)
Advance Personal Planning (Consequential Amendments) Act 2013 (Act No. 36, 2013 )
Assent date 19 December 2013
Commenced pt 3: 5 February 2014 (Gaz G5, 5 February 2014, p 2);
rem: 17 March 2014 (Gaz S14, 17 March 2014)
Statute Law Revision Act 2014 (Act No. 38, 2014)
Assent date 13 November 2014
Commenced 13 November 2014
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22 of 2018) to: ss 1 and 5.
4 LIST OF AMENDMENTS
s 5 amd No. 25, 2009, s 10; No. 36, 2013, s 139; No. 38, 2014, s 2
pt 4 hdg exp No. 22, 2006, s 14
ss 10 – 14 exp No. 22, 2006, s 14