Mechanically, this Act defines who counts as a "carer", publishes a Queensland Carers Charter, establishes a 12‑member Carers Advisory Council, and requires public authorities to be aware of and act to reflect the charter. The duty to consider the charter is directory only and does not create enforceable rights.
It affects unpaid carers, public authorities, and the Minister (who appoints, directs and can remove council members). It formalises consultation and administrative duties, shifting decision‑making incentives and imposing compliance and reporting costs on public bodies.
This Act recognises carers and establishes institutional mechanisms to promote consideration of carers in public administration. Mechanically, it does four things.
It defines who counts as a carer for the purposes of the Act (see s 6), and creates a Queensland carers charter, located in the schedule (s 7). The schedule itself is not reproduced in the text provided, but the Act makes the charter the principal set of principles that public authorities must have regard to (Pt 2).
It places non‑binding obligations on public authorities to ensure awareness of, and to take action to reflect, the carers charter when delivering services that affect carers and those they care for (s 9). Public authorities must also take the charter into account when internal human resources policies significantly affect an employee’s role as a carer (s 9(2)). Where strategic policy or planning decisions relevant to carers are being made, public authorities must consult with representative bodies that they are satisfied represent the carers affected (s 9(3)).
It establishes the Carers Advisory Council with specified functions (s 11-12) and detailed membership and governance rules (s 14-21). The Council is a ministerially appointed body of 12 members, with a specified composition including public service employees, carers, and representatives of carers associations (s 14). The Minister may give general and specific written directions to the Council (s 13).
It provides that Part 2 is directory only and does not create legally enforceable rights or obligations, and that failure to comply with Part 2 does not affect the validity of any decision (s 8(2)-(3)). The Act binds all persons, including the State (s 3), and the Governor in Council may make regulations (s 22).
Current sections
Direct links to the current provisions in Carers (Recognition) Act 2008.
29
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This Act may be cited as the Carers (Recognition) Act 2008 .
sec.2
Commencement
sec.2 Commencement
This Act commences on a day to be fixed by proclamation.
sec.3
Act binds all persons
sec.3 Act binds all persons
This Act binds all persons, including the State.
sec.4
Objects of Act
sec.4 Objects of Act
The objects of this Act are—
to recognise the valuable contribution by carers to the people they care for; and
to recognise the benefit, including the social and economic benefit, provided by carers to the community; and
to provide for the interests of carers to be considered in decisions about the provision of services that impact on the role of carers; and
to establish the Carers Advisory Council.
(a) to recognise the valuable contribution by carers to the people they care for; and
(b) to recognise the benefit, including the social and economic benefit, provided by carers to the community; and
(c) to provide for the interests of carers to be considered in decisions about the provision of services that impact on the role of carers; and
(d) to establish the Carers Advisory Council.
sec.5
Definitions
sec.5 Definitions
In this Act—
carer see section 6 .
carers charter see section 7 .
council means the Carers Advisory Council established under section 11 .
public authority means—
a department; or
a statutory body.
statutory body see the Financial Accountability Act 2009 , section 9 .
s 5 def statutory body sub 2010 No. 47 s 4
(a) a department; or
(b) a statutory body.
sec.6
Meaning of carer
sec.6 Meaning of carer
A carer is an individual who provides, in a non-contractual and unpaid capacity, ongoing care or assistance to another person who, because of disability, frailty, chronic illness or pain, requires assistance with everyday tasks.
Also, a grandparent is a carer of his or her grandchild if—
the child lives with the grandparent; and
the grandparent is the primary care-giver and decision-maker for the child.
However, if a child’s parent or parents remain the primary care-givers and decision-makers for the child, the child’s grandparent is not the child’s carer only because—
the grandparent cares for the child while the child’s parent or parents are working; or
the child, together with the child’s parent or parents, lives with the grandparent.
For the purpose of this Act, a person is not a carer—
only because the person is the spouse, parent or guardian of a person to whom care is provided; or
if the person provides the care or assistance as a volunteer for a voluntary organisation.
s 6 amd 2010 No. 47 s 5
(sec.6-ssec.1) A carer is an individual who provides, in a non-contractual and unpaid capacity, ongoing care or assistance to another person who, because of disability, frailty, chronic illness or pain, requires assistance with everyday tasks.
(sec.6-ssec.2) Also, a grandparent is a carer of his or her grandchild if— the child lives with the grandparent; and the grandparent is the primary care-giver and decision-maker for the child.
(sec.6-ssec.3) However, if a child’s parent or parents remain the primary care-givers and decision-makers for the child, the child’s grandparent is not the child’s carer only because— the grandparent cares for the child while the child’s parent or parents are working; or the child, together with the child’s parent or parents, lives with the grandparent.
(sec.6-ssec.4) For the purpose of this Act, a person is not a carer— only because the person is the spouse, parent or guardian of a person to whom care is provided; or if the person provides the care or assistance as a volunteer for a voluntary organisation.
(a) the child lives with the grandparent; and
(b) the grandparent is the primary care-giver and decision-maker for the child.
(a) the grandparent cares for the child while the child’s parent or parents are working; or
(b) the child, together with the child’s parent or parents, lives with the grandparent.
(a) only because the person is the spouse, parent or guardian of a person to whom care is provided; or
(b) if the person provides the care or assistance as a volunteer for a voluntary organisation.
sec.7
The Queensland carers charter
sec.7 The Queensland carers charter
The Queensland carers charter (the carers charter ) is set out in the schedule.
pt.2
Decisions affecting carers
Decisions affecting carers
sec.8
Purpose and application of pt 2
sec.8 Purpose and application of pt 2
It is Parliament’s intention that this part be complied with.
However, this part is directory only and does not create rights or impose legally enforceable obligations on the State, a public authority or anyone else.
Failure to comply with this part does not affect the validity of any decision.
Subsection (5) applies to a public authority that must, under another Act or law, consider, or comply with, principles or requirements ( other considerations ) in the exercise of the authority’s functions or powers.
This part does not apply to the public authority to the extent that the principles of the carers charter or requirements under this part would conflict with, or otherwise detract from, the public authority properly considering or complying with the other considerations.
(sec.8-ssec.1) It is Parliament’s intention that this part be complied with.
(sec.8-ssec.2) However, this part is directory only and does not create rights or impose legally enforceable obligations on the State, a public authority or anyone else.
(sec.8-ssec.3) Failure to comply with this part does not affect the validity of any decision.
(sec.8-ssec.4) Subsection (5) applies to a public authority that must, under another Act or law, consider, or comply with, principles or requirements ( other considerations ) in the exercise of the authority’s functions or powers.
(sec.8-ssec.5) This part does not apply to the public authority to the extent that the principles of the carers charter or requirements under this part would conflict with, or otherwise detract from, the public authority properly considering or complying with the other considerations.
sec.9
Obligation of public authorities to consider carers charter
sec.9 Obligation of public authorities to consider carers charter
A public authority must ensure the authority and its officers and employees—
have an awareness and understanding of the carers charter; and
take action to reflect the principles of the charter in providing services of the authority which affect carers and the persons they care for.
A public authority, to the extent its internal human resources policies may significantly affect an employee in carrying out the employee’s role as a carer, must ensure the policies are developed taking into consideration the principles of the carers charter.
Also, a public authority must consult with the representative bodies that the authority is satisfied represent the carers affected when making strategic policy or planning decisions relevant to carers and the persons they care for.
s 9 amd 2010 No. 47 s 6
(sec.9-ssec.1) A public authority must ensure the authority and its officers and employees— have an awareness and understanding of the carers charter; and take action to reflect the principles of the charter in providing services of the authority which affect carers and the persons they care for.
(sec.9-ssec.2) A public authority, to the extent its internal human resources policies may significantly affect an employee in carrying out the employee’s role as a carer, must ensure the policies are developed taking into consideration the principles of the carers charter.
(sec.9-ssec.3) Also, a public authority must consult with the representative bodies that the authority is satisfied represent the carers affected when making strategic policy or planning decisions relevant to carers and the persons they care for.
(a) have an awareness and understanding of the carers charter; and
(b) take action to reflect the principles of the charter in providing services of the authority which affect carers and the persons they care for.
sec.10
Reporting obligations
sec.10 Reporting obligations
s 10 amd 2010 No. 47 s 7
om 2012 No. 8 s 11
pt.3
Carers Advisory Council
Carers Advisory Council
pt.3-div.1
Establishment and functions
Establishment and functions
sec.11
Establishment of Carers Advisory Council
sec.11 Establishment of Carers Advisory Council
The Carers Advisory Council is established.
sec.12
Functions of the Carers Advisory Council
sec.12 Functions of the Carers Advisory Council
The functions of the council are to—
work to advance the interests of carers and promote compliance by public authorities with the carers charter; and
make recommendations to the Minister on enhancing compliance by public authorities with the carers charter; and
provide general advice to the Minister on matters relating to carers; and
carry out other functions as directed by the Minister.
(a) work to advance the interests of carers and promote compliance by public authorities with the carers charter; and
(b) make recommendations to the Minister on enhancing compliance by public authorities with the carers charter; and
(c) provide general advice to the Minister on matters relating to carers; and
(d) carry out other functions as directed by the Minister.
sec.13
Minister may give directions
sec.13 Minister may give directions
The council must perform its functions subject to—
the general direction and control of the Minister; and
any specific written directions given to it by the Minister.
Without limiting subsection (1) (b) , a direction under that provision may require the council to give the Minister, or provide the Minister with access to, information in its possession about a matter or class of matter specified in the direction.
If the council is given a written direction, the council must publish the direction in its next annual report.
(sec.13-ssec.1) The council must perform its functions subject to— the general direction and control of the Minister; and any specific written directions given to it by the Minister.
(sec.13-ssec.2) Without limiting subsection (1) (b) , a direction under that provision may require the council to give the Minister, or provide the Minister with access to, information in its possession about a matter or class of matter specified in the direction.
(sec.13-ssec.3) If the council is given a written direction, the council must publish the direction in its next annual report.
(a) the general direction and control of the Minister; and
(b) any specific written directions given to it by the Minister.
pt.3-div.2
Membership
Membership
sec.14
Membership
sec.14 Membership
The council consists of 12 members appointed by signed notice by the Minister.
Four members must be public service employees.
Four members must be carers, one of whom must be a grandparent-carer.
Three members must be representatives of different carers associations.
One member must be a representative of grandparent-carers.
In this section—
grandparent-carer means a carer mentioned in section 6 (2) .
s 14 amd 2010 No. 47 s 8
(sec.14-ssec.1) The council consists of 12 members appointed by signed notice by the Minister.
(sec.14-ssec.2) Four members must be public service employees.
(sec.14-ssec.3) Four members must be carers, one of whom must be a grandparent-carer.
(sec.14-ssec.4) Three members must be representatives of different carers associations.
(sec.14-ssec.5) One member must be a representative of grandparent-carers.
(sec.14-ssec.6) In this section— grandparent-carer means a carer mentioned in section 6 (2) .
sec.15
Chairperson and deputy chairperson
sec.15 Chairperson and deputy chairperson
The Minister must appoint one of the members of the council to be the chairperson.
The chairperson holds office for the term decided by the Minister.
However, a vacancy occurs in the office of chairperson if the person holding the office resigns the office by signed notice of resignation given to the Minister or stops being a member of the council.
The council must elect one member to be the deputy chairperson.
The deputy chairperson is to act as chairperson—
during a vacancy in the office of chairperson; or
during a period when the chairperson is absent from duty or, for another reason, can not perform the functions of the office.
(sec.15-ssec.1) The Minister must appoint one of the members of the council to be the chairperson.
(sec.15-ssec.2) The chairperson holds office for the term decided by the Minister.
(sec.15-ssec.3) However, a vacancy occurs in the office of chairperson if the person holding the office resigns the office by signed notice of resignation given to the Minister or stops being a member of the council.
(sec.15-ssec.4) The council must elect one member to be the deputy chairperson.
(sec.15-ssec.5) The deputy chairperson is to act as chairperson— during a vacancy in the office of chairperson; or during a period when the chairperson is absent from duty or, for another reason, can not perform the functions of the office.
(a) during a vacancy in the office of chairperson; or
(b) during a period when the chairperson is absent from duty or, for another reason, can not perform the functions of the office.
sec.16
Term of appointment as member
sec.16 Term of appointment as member
A member is to be appointed for the term, of no more than 2 years, stated in the member’s instrument of appointment.
A person’s eligibility for reappointment or the term for which a person may be reappointed is not affected by an earlier appointment.
(sec.16-ssec.1) A member is to be appointed for the term, of no more than 2 years, stated in the member’s instrument of appointment.
(sec.16-ssec.2) A person’s eligibility for reappointment or the term for which a person may be reappointed is not affected by an earlier appointment.
sec.17
Remuneration and allowances
sec.17 Remuneration and allowances
This section applies to a member of the council who is not a public service employee.
The member is entitled to be paid the remuneration and allowances decided by the Minister.
(sec.17-ssec.1) This section applies to a member of the council who is not a public service employee.
(sec.17-ssec.2) The member is entitled to be paid the remuneration and allowances decided by the Minister.
sec.18
Vacation of office
sec.18 Vacation of office
A member’s office becomes vacant if—
the member dies; or
the member resigns by signed notice of resignation given to the Minister; or
the member’s appointment is ended by the Minister.
The Minister may, by written notice given to a member, end the member’s appointment if—
in the opinion of the Minister, the member is unable, because of illness or absence from the State, to perform the functions of the office; or
in the opinion of the Minister, the member commits misconduct of a kind that could justify dismissal from the public service if the member were a public service officer; or
the member is an insolvent under administration; or
the member is absent from 3 consecutive meetings of the council without the council’s permission and without reasonable excuse; or
in the opinion of the Minister, the member is performing the member’s duties carelessly, incompetently or inefficiently.
s 18 amd 2023 No. 23 s 247 sch 1 s 2 (3)
(sec.18-ssec.1) A member’s office becomes vacant if— the member dies; or the member resigns by signed notice of resignation given to the Minister; or the member’s appointment is ended by the Minister.
(sec.18-ssec.2) The Minister may, by written notice given to a member, end the member’s appointment if— in the opinion of the Minister, the member is unable, because of illness or absence from the State, to perform the functions of the office; or in the opinion of the Minister, the member commits misconduct of a kind that could justify dismissal from the public service if the member were a public service officer; or the member is an insolvent under administration; or the member is absent from 3 consecutive meetings of the council without the council’s permission and without reasonable excuse; or in the opinion of the Minister, the member is performing the member’s duties carelessly, incompetently or inefficiently.
(a) the member dies; or
(b) the member resigns by signed notice of resignation given to the Minister; or
(c) the member’s appointment is ended by the Minister.
(a) in the opinion of the Minister, the member is unable, because of illness or absence from the State, to perform the functions of the office; or
(b) in the opinion of the Minister, the member commits misconduct of a kind that could justify dismissal from the public service if the member were a public service officer; or
(c) the member is an insolvent under administration; or
(d) the member is absent from 3 consecutive meetings of the council without the council’s permission and without reasonable excuse; or
(e) in the opinion of the Minister, the member is performing the member’s duties carelessly, incompetently or inefficiently.
pt.3-div.3
Conduct of meetings
Conduct of meetings
sec.19
Procedure at meetings
sec.19 Procedure at meetings
Subject to this part, the council may conduct its meetings as it considers appropriate.
sec.20
Presiding at meetings
sec.20 Presiding at meetings
The chairperson, if present, is to preside at a meeting of the council.
If the chairperson and the deputy chairperson are absent, the member chosen by the members present is to preside.
(sec.20-ssec.1) The chairperson, if present, is to preside at a meeting of the council.
(sec.20-ssec.2) If the chairperson and the deputy chairperson are absent, the member chosen by the members present is to preside.
sec.21
Minutes
sec.21 Minutes
The council must keep a record of the minutes of its meetings and its decisions.
pt.4
Miscellaneous
Miscellaneous
sec.22
Regulation-making power
sec.22 Regulation-making power
The Governor in Council may make regulations under this Act.
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This Act may be cited as the Carers (Recognition) Act 2008 .
sec.2 Commencement
sec.2 Commencement
This Act commences on a day to be fixed by proclamation.
sec.3 Act binds all persons
sec.3 Act binds all persons
This Act binds all persons, including the State.
sec.4 Objects of Act
sec.4 Objects of Act
The objects of this Act are—
to recognise the valuable contribution by carers to the people they care for; and
to recognise the benefit, including the social and economic benefit, provided by carers to the community; and
to provide for the interests of carers to be considered in decisions about the provision of services that impact on the role of carers; and
to establish the Carers Advisory Council.
(a) to recognise the valuable contribution by carers to the people they care for; and
(b) to recognise the benefit, including the social and economic benefit, provided by carers to the community; and
(c) to provide for the interests of carers to be considered in decisions about the provision of services that impact on the role of carers; and
(d) to establish the Carers Advisory Council.
sec.5 Definitions
sec.5 Definitions
In this Act—
carer see section 6 .
carers charter see section 7 .
council means the Carers Advisory Council established under section 11 .
public authority means—
a department; or
a statutory body.
statutory body see the Financial Accountability Act 2009 , section 9 .
s 5 def statutory body sub 2010 No. 47 s 4
(a) a department; or
(b) a statutory body.
sec.6 Meaning of carer
sec.6 Meaning of carer
A carer is an individual who provides, in a non-contractual and unpaid capacity, ongoing care or assistance to another person who, because of disability, frailty, chronic illness or pain, requires assistance with everyday tasks.
Also, a grandparent is a carer of his or her grandchild if—
the child lives with the grandparent; and
the grandparent is the primary care-giver and decision-maker for the child.
However, if a child’s parent or parents remain the primary care-givers and decision-makers for the child, the child’s grandparent is not the child’s carer only because—
the grandparent cares for the child while the child’s parent or parents are working; or
the child, together with the child’s parent or parents, lives with the grandparent.
For the purpose of this Act, a person is not a carer—
only because the person is the spouse, parent or guardian of a person to whom care is provided; or
if the person provides the care or assistance as a volunteer for a voluntary organisation.
s 6 amd 2010 No. 47 s 5
(sec.6-ssec.1) A carer is an individual who provides, in a non-contractual and unpaid capacity, ongoing care or assistance to another person who, because of disability, frailty, chronic illness or pain, requires assistance with everyday tasks.
(sec.6-ssec.2) Also, a grandparent is a carer of his or her grandchild if— the child lives with the grandparent; and the grandparent is the primary care-giver and decision-maker for the child.
(sec.6-ssec.3) However, if a child’s parent or parents remain the primary care-givers and decision-makers for the child, the child’s grandparent is not the child’s carer only because— the grandparent cares for the child while the child’s parent or parents are working; or the child, together with the child’s parent or parents, lives with the grandparent.
(sec.6-ssec.4) For the purpose of this Act, a person is not a carer— only because the person is the spouse, parent or guardian of a person to whom care is provided; or if the person provides the care or assistance as a volunteer for a voluntary organisation.
The Act’s object clauses set out Parliament’s stated aims: to recognise carers’ contribution and the social and economic benefit they provide, to ensure carers’ interests are considered in decisions about services that impact their role, and to establish the advisory council (s 4). The Act commences by proclamation (s 2).
The instrument therefore creates recognition, a charter as a guiding statement of principles, a statutory advisory body, and a set of duties that apply to public authorities but are expressly non‑enforceable as a matter of law. It also sets in statute particular definitions and membership requirements that shape how recognition and advice are institutionalised.
Main concepts
Key statutory concepts are defined and recur across the Act. Each has a narrow, source‑grounded meaning that determines the scope of the Act and the reach of its duties.
Carer (s 6). A carer is an individual who provides ongoing care or assistance in a non‑contractual and unpaid capacity to a person who, because of disability, frailty, chronic illness or pain, requires assistance with everyday tasks (s 6(1)). Special provision is made for grandparents: a grandparent is a carer of a grandchild only if the child lives with the grandparent and the grandparent is the primary care‑giver and decision‑maker (s 6(2)). The section also delineates negative scope statements: a person is not a carer for the purposes of the Act only because they are the spouse, parent or guardian of the person cared for; nor are volunteers who provide care as volunteers for voluntary organisations (s 6(4)). The statutory text therefore narrows the class of people who count as carers for operational purposes of the Act.
Public authority (s 5). A public authority is defined as a department or a statutory body. The Act points to the Financial Accountability Act 2009, s 9 for the definition of statutory body (s 5). That definition limits the primary duties in Part 2 to these entities.
Carers charter (s 7 and schedule). The carers charter is the statement of principles intended to guide public authorities. The charter itself is placed in the schedule; the Act repeatedly requires public authorities to be aware of it and to take action to reflect its principles (s 9). The schedule content is not included in the provided text; therefore analysis must treat the charter as a prescribed set of principles referred to in the main text.
Directory obligations (s 8). Part 2 is explicitly declared to be “directory only”, with the statement that it “does not create rights or impose legally enforceable obligations on the State, a public authority or anyone else” (s 8(2)). The Act also provides that failure to comply does not affect the validity of any decision (s 8(3)). Where another Act or law requires public authorities to consider different principles or requirements, Part 2 does not apply to the extent of any conflict (s 8(4)-(5)).
Carers Advisory Council (s 11-21). The Council is the statutory advisory body: its functions include advancing the interests of carers, promoting compliance by public authorities with the carers charter, making recommendations to the Minister, providing advice, and carrying out Ministerial directions (s 12). The Minister appoints members and the chair, may give written directions (s 13), and the Council’s composition is specified (s 14). Operational rules on meetings, minutes, and presiding members are set out (s 19-21).
Ministerial control and transparency (s 13). The Minister has general direction and control over the Council, can give specific written directions and may require access to information held by the Council; the Council must publish any written direction in its next annual report (s 13(1)-(3)).
These concepts structure the Act’s mechanics: the legislature sets recognition and principles, binds a limited set of public actors to consider those principles, and creates an advisory body to monitor and advise, while stopping short of equipping carers with legally enforceable rights under this statute.
Who it affects
The Act’s direct legal obligations apply narrowly, but its recognition function reaches more widely in policy and administrative practice. The statutory text identifies affected parties and the nature of that effect.
Public authorities (s 5 and Pt 2). The Act’s operative duties target “public authorities”, defined as departments and statutory bodies (s 5). These entities must ensure awareness and understanding of the carers charter among their officers and employees and take action to reflect the charter’s principles in the delivery of services that affect carers and the persons they care for (s 9(1)). Where internal HR policies have a significant effect on an employee’s capacity to carry out his or her role as a carer, the public authority must develop those policies taking into consideration the charter’s principles (s 9(2)). Public authorities are also required to consult representative bodies they are satisfied represent the carers affected when making strategic policy or planning decisions relevant to carers and the persons they care for (s 9(3)).
Carers as defined (s 6). Individuals who meet the statutory definition of carer are the intended beneficiaries of the Act’s recognition and the Council’s functions. However, the Act’s support is framed as non‑legal recognition and advisory attention; the text does not create enforceable entitlements to services or benefits. The definition excludes persons who provide care only because they are a spouse, parent or guardian, and volunteers who provide care through voluntary organisations (s 6(4)). Grandparents are treated distinctly, becoming carers in law only where the child lives with them and the grandparent is the primary care‑giver and decision‑maker (s 6(2)).
The Council and its membership (s 14-17). The Carers Advisory Council itself is an affected body, with membership, term, remuneration and removal rules set out. The Council’s composition requires four public service employees, four carers (one a grandparent‑carer), three representatives of different carers associations, and one representative of grandparent‑carers (s 14). Non‑public service members are entitled to remuneration and allowances as determined by the Minister (s 17).
The Minister and the executive (s 11-13, 15, 18). The Minister appoints and removes members, appoints the chair (s 15), gives directions to the Council (s 13), and determines remuneration for non‑public service members (s 17). The Minister’s control is an explicit feature affecting how the Council operates.
Third parties interacting with public authorities. The text does not create duties directly binding private entities, but private bodies that contract with or receive funding from public authorities could be indirectly affected if the public authority, in order to reflect the charter, alters service delivery, procurement terms or contract management to align with charter principles. The Act provides no mandatory contractual mechanism for that, however; such effects would arise through administrative policy choices made by public authorities.
Parties subject to other legal requirements (s 8(4)-(5)). Where a public authority is required under another Act or law to consider other principles or requirements, Part 2 does not apply to the extent of any conflict. This places a hierarchical limitation on the application of the carers charter in contexts where competing statutory obligations exist.
In short, the Act primarily affects public sector employers and service providers (departments and statutory bodies), the advice and composition of the statutory Council, and individuals who fall within the statutory definition of carer. It does not create statutory entitlements for carers against private parties or provide a private right of action, and its applicability can be displaced where other statutory duties require alternative considerations.
Key duties and rights
The Act’s operative duties and rights are concentrated in Part 2 and in the rules for the Carers Advisory Council. The statute is precise about what is required and what it does not create.
Duties on public authorities (s 8 and s 9)
Awareness and action: Public authorities must ensure that the authority and its officers and employees have an awareness and understanding of the carers charter and must take action to reflect the charter’s principles in providing services which affect carers and those they care for (s 9(1)). This is a positive duty to embed awareness and reflect principles into service provision.
HR policy consideration: A public authority must develop internal human resources policies that significantly affect an employee’s role as a carer taking into consideration the principles of the carers charter (s 9(2)). This requires public sector HR policy design to include the charter’s principles where the policy materially impacts employee carers.
Consultation: When making strategic policy or planning decisions relevant to carers and the persons they care for, a public authority must consult with representative bodies that it is satisfied represent the carers affected (s 9(3)). The duty is procedural: to consult representative bodies on strategic policy or planning decisions.
Limitations and non‑enforceability (s 8)
Directory nature: Part 2 is declared directory only and “does not create rights or impose legally enforceable obligations on the State, a public authority or anyone else” (s 8(2)). Failure to comply does not affect the validity of any decision (s 8(3)). This clause is a central qualification: the statutory obligations are administrative and moral rather than legal entitlements that can be enforced in court under this Act.
Conflicts with other requirements: Where a public authority must consider other statutory principles or requirements in performing its functions, Part 2 does not apply to the extent that the carers charter would conflict with or detract from complying with those other considerations (s 8(4)-(5)). This preserves pre‑existing legal obligations.
Council duties and Ministerial powers (s 11-13)
Council functions: The Council must work to advance carers’ interests, promote compliance with the carers charter by public authorities, make recommendations to the Minister on enhancing compliance, provide general advice, and carry out other Ministerially directed functions (s 12).
Ministerial control: The Council is subject to the general direction and control of the Minister and to specific written directions (s 13(1)). A direction may require the Council to give the Minister access to information in its possession, and any written direction must be published by the Council in its next annual report (s 13(2)-(3)). This gives the Minister authority to steer and obtain information from the Council, while prescribing a public transparency mechanism.
Membership and governance duties (s 14-21)
Appointment and composition: The Minister appoints 12 members by signed notice, with specific composition requirements (s 14). The Minister appoints the chair (s 15). Members are appointed for terms of up to two years (s 16).
Remuneration: Non‑public service members are entitled to remuneration and allowances as decided by the Minister (s 17).
Removal: The Minister may end a member’s appointment for a set of grounds that include inability to perform duties, misconduct (as judged by the Minister), insolvency under administration, absences from meetings, or performance concerns (s 18). Many of the removal grounds are framed by the Minister’s opinion, which confers discretion.
Procedural rules: The Council may conduct meetings as it sees fit subject to the Part (s 19), the chair presides where present (s 20), and the Council must keep minutes and records of decisions (s 21).
Rights
No enforceable private rights: The Act does not create enforceable rights for carers to obtain specific services, remedies, or entitlements against public authorities under this statute because Part 2 is expressly directory (s 8(2)). Any rights or remedies would need to be grounded in other statutes or existing common law; the current Act is not a vehicle for such claims.
Taken together, the Act imposes administrative duties on public authorities to take the carers charter into account, creates a ministerially controlled advisory council to promote those objectives, but explicitly denies carers the ability to enforce those duties as legal rights under this Act.
Penalties and enforcement
The Act contains no penal sanctions, civil enforcement mechanisms, or private rights of action in its text. Its enforcement design is institutional and administrative rather than judicial.
Absence of penalties or cause of action
No statutory penalties: There are no sections in the Act that prescribe criminal offences, fines, or other penal consequences for failing to observe the carers charter or any other provision in the Act.
Non‑enforceability of Part 2: The Act expressly provides that Part 2 is directory only and “does not create rights or impose legally enforceable obligations on the State, a public authority or anyone else” (s 8(2)). Failure to comply with Part 2 “does not affect the validity of any decision” (s 8(3)). This puts the charter duties outside the reach of statutory litigation under this Act.
Administrative compliance and oversight mechanisms
Ministerial control of the Council (s 13): The Minister may give directions to the Carers Advisory Council and require information from it (s 13(1)-(2)). The Council must publish any written direction in its next annual report (s 13(3)). This creates an administrative oversight mechanism whereby the Minister can direct the Council’s priorities and obtain information; publication of directions in the annual report is a transparency measure intended to inform the public and other stakeholders of instructions given to the Council.
Council functions to promote compliance (s 12): The Council is charged with promoting compliance by public authorities with the carers charter and with making recommendations to the Minister on how to enhance compliance (s 12(1)(a)-(b)). The Council’s influence is therefore advisory and promotional rather than coercive.
Reporting obligations (s 10)
Omitted provision: The Act lists “Reporting obligations” under s 10, but the provided text includes amendment notes and an omission marker: “s 10 amd 2010 No. 47 s 7 om 2012 No. 8 s 11”. The omission note indicates that whatever reporting obligation may have existed was removed in 2012. The current text supplied does not set out any statutory reporting obligation for public authorities or the Council in s 10. The absence of a reporting regime in the provided text reduces formal enforcement and monitoring channels that might otherwise have produced oversight data.
Regulations (s 22)
Potential regulatory enforcement: The Governor in Council may make regulations under the Act (s 22). Regulations could, in theory, prescribe administrative processes, reporting, or other mechanisms, including enforcement measures, but no specific regulations are set out in the provided text. The regulatory head of power exists, but the content and presence of regulations must be checked in the regulatory instruments themselves.
Practical enforcement consequences
Administrative levers only: The Act relies on administrative levers,Ministerial direction, Council advice, and the requirement for public authorities to take actions to reflect the charter,to encourage compliance. There is no statutory enforcement mechanism enabling individuals to seek relief for breaches of the charter under this Act.
Interaction with other statutes: Where other statutes impose enforceable duties on public authorities or service providers, those other statutory mechanisms remain available. The Act explicitly preserves the operation of other legal considerations and limits the application of Part 2 where conflicts would arise (s 8(4)-(5)).
In sum, the Act provides no penalties or private enforcement mechanism for carers. Oversight is through Ministerial control of the Council, the Council’s advisory functions, and potential,but unspecified,regulatory instruments under s 22.
How it interacts with other laws
The Act anticipates and preserves interaction with other legal frameworks, and it uses cross‑references to limit or channel its own application.
Preservation of other statutory considerations (s 8(4)-(5))
Non‑displacement: Part 2 explicitly does not apply to the extent that its principles would conflict with or detract from a public authority properly considering or complying with “other considerations” required under another Act or law (s 8(4)-(5)). The statutory text therefore prioritises pre‑existing legal duties over the carers charter where there is a genuine conflict.
Definition cross‑reference (s 5)
Statutory body: The term “statutory body” in the definition of “public authority” is provided by the Financial Accountability Act 2009, s 9 (s 5). This cross‑reference means the Act’s concept of “public authority” is tied to the definitions in the Financial Accountability Act; any change to that definition could, in practice, change the set of entities required to have regard to the carers charter.
Public law and administrative practice
Administrative not adjudicative: Because Part 2 is directory and non‑enforceable (s 8), the Act is designed to affect administrative practice rather than to create new causes of action. The primary interaction with other areas of law will therefore be operational: public authorities may integrate the charter into policy documents, procurement specifications, service contracts, and HR policies. Where other statutes impose enforceable obligations (for instance, anti‑discrimination, human rights, or statutory duties to particular classes of persons), those obligations remain binding and may shape how the carers charter is applied in practice.
Employment law within the public sector (s 9(2))
HR policy design: The requirement that internal human resources policies that significantly affect an employee’s role as a carer be developed taking into consideration the charter (s 9(2)) interfaces directly with public sector employment frameworks, including enterprise agreements, public service legislation, and administrative policy instruments. The Act does not itself change employment law rights or entitlements, but it directs that the charter’s principles should inform HR policymaking.
Contracts and procurement
Indirect effects on private contractors: The Act does not impose legal duties on private entities; however, public authorities implementing the charter in service delivery may alter procurement specifications or contract performance expectations for private suppliers of public services. The Act contains no direct contractual requirements, but administrative uptake of the charter could produce second‑order legal interactions where procurement laws and contract terms are amended or machines for compliance are introduced.
Regulatory instruments (s 22)
Power to make regulations: The Governor in Council may make regulations under the Act (s 22). Regulations made pursuant to this head of power could create more detailed obligations, reporting requirements, or processes that interact more directly with other regulatory regimes. The absence of regulations in the supplied text means any such interactions must be determined by examining subordinate legislation.
Conclusion on interactions
The Act is designed to sit alongside other statutory frameworks without displacing them. It relies on administrative integration rather than legal compulsion, and its cross‑references tie it into the Financial Accountability Act for the definition of statutory bodies. Where conflicting statutory duties exist, the carers charter obligations defer to those other legal requirements (s 8(4)-(5)).
Amendment history
The text provided includes references to several amendments and one omission. The Act as quoted reflects a history of legislative change that affects definitions, duties and the Council’s membership rules. The key amendment notations in the text are as follows; each entry below cites the section of the Act where the amendment is recorded.
Definition of statutory body (s 5): The definition note includes “s 5 def statutory body sub 2010 No. 47 s 4”. This indicates that the definition was modified by the 2010 amendment No. 47 at section 4, and the Act now refers to the Financial Accountability Act 2009, s 9 for the statutory body definition (s 5).
Amendments to s 6 (Meaning of carer): The annotation “s 6 amd 2010 No. 47 s 5” appears in the text. The present s 6 includes detailed sub‑sections on grandparents and exclusions; the 2010 amendment adjusted the content recorded here.
Amendments to s 9 (Obligation of public authorities to consider carers charter): The text includes “s 9 amd 2010 No. 47 s 6”. The current s 9 contains the duties discussed above concerning awareness, HR policy, and consultation, and that material reflects the 2010 amendment.
s 10 (Reporting obligations): The text shows a historical path: “s 10 amd 2010 No. 47 s 7 om 2012 No. 8 s 11”. That sequence indicates s 10 was amended in 2010 and later omitted in 2012. The present text provided does not reproduce any substantive reporting obligations under s 10; the omission must be noted as a legislative change that removed prior reporting requirements.
Amendments to s 14 (Membership): The text shows “s 14 amd 2010 No. 47 s 8”. The current composition requirements for the Council reflect that amendment.
Amendments to s 18 (Vacation of office): The annotation “s 18 amd 2023 No. 23 s 247 sch 1 s 2 (3)” indicates a 2023 amendment to the grounds or wording concerning vacation of office. The current text of s 18 lists grounds for ending appointment and frames several of them around the Minister’s opinion, a formulation that may have been affected by the 2023 change.
What the amendment metadata shows
Post‑2008 legislative activity: The Act, originally enacted in 2008, has been subject to consequential changes and a notable omission of reporting obligations. The 2010 amendments appear to have adjusted definitions and membership; 2012 removed an apparent reporting clause; and 2023 altered removal/vacation provisions.
Need to consult consolidated text: Because the provided excerpts include amendment notes, any practitioner requiring the current operative form of the Act should consult the consolidated statute as published by the relevant government legislative services to ensure no further amendments, regulations, or subordinate instruments have modified operation since the last amendment noted in the excerpts.
Limits on historical detail
No legislative history documents reproduced: The provided text does not include explanatory memoranda, second reading speeches, or the schedule containing the carers charter. The summary above therefore records only the amendment citations present in the source text and does not attempt to infer legislative intent beyond the content of the present sections.
Litigation history
The statutory text provided does not cite any court decisions or other judicial determinations applying the Act. There are no cases named or summarised in the text supplied. Based on the Act’s content:
No private enforcement cases within this Act are recorded in the source text. Because Part 2 is expressly declared directory and non‑enforceable (s 8(2)), the Act as presented is structured to limit the availability of causes of action arising directly under it. That statutory design reduces the statutory basis for litigation hinging on enforceable rights under this Act.
No provided judicial interpretation is quoted. The source material contains only the Act’s provisions and amendment annotations; it does not include reported judicial consideration, appellate review, or administrative tribunal determinations.
What this means for research
If litigation history is required, a practitioner or researcher should search the relevant state law reports, tribunal decisions, and online legal databases for any cases that reference the Carers (Recognition) Act 2008 after its enactment and after the noted amendments. The Act’s directory character suggests that most legal disputes involving carers will proceed under other statutes or common law causes of action rather than under this Act directly, but the Council’s advice, Ministerial directions, and public authority administrative practices could be referenced in broader judicial review or public law proceedings where administrative decision‑making practices are challenged.
The absence of litigation in the provided text is not evidence that no litigation exists; it only reflects that the Act extract supplied does not contain or reference judicial material. Independent legal research will be necessary to locate any cases that have engaged with the Act or its principles.
Gotchas
This Act contains several drafting choices and operational features that produce potential traps for practitioners, administrators and carers. The following are concrete, source‑grounded points to watch.
Part 2 is directory and non‑enforceable (s 8). The statutory obligation to “ensure” awareness and “take action to reflect” the carers charter is qualified by the express statement that the Part is directory and does not create legally enforceable rights or obligations, and that failure to comply does not affect decision validity (s 8(2)-(3)). Practitioners should not assume a breach of s 9 will generate a cause of action or statutory remedy under this Act.
“Public authority” is narrow (s 5). The statutory duties in Pt 2 apply only to departments and statutory bodies (s 5). The text does not include local councils, private service providers, or charities within “public authority” unless they are statutory bodies as defined elsewhere. Users should confirm whether an entity they are dealing with is a statutory body under the Financial Accountability Act 2009, s 9 rather than assume wider coverage.
Grandparent‑carer threshold (s 6). The Act treats grandparents differently: a grandparent is a carer only if the child lives with them and the grandparent is the primary care‑giver and decision‑maker (s 6(2)). The section also excludes grandparents who merely care while parents work or who share housing with parents (s 6(3)). Practitioners acting for grandparent carers should pay close attention to these factual tests when advising on who is captured by the Act’s protections and recognition.
Exclusion of volunteers and immediate family labels (s 6(4)). A person is not a carer for the purpose of the Act only because the person is the spouse, parent or guardian of the person receiving care; and volunteers providing care through voluntary organisations are also excluded. These carve‑outs narrow the statute’s intended beneficiaries and can produce surprising outcomes if one assumes “carer” includes all unpaid family caregivers or volunteers.
Ministerial discretion on membership and removal (s 13, s 15, s 18). The Minister appoints all members and the chair (s 14, s 15), may give directions to the Council and require access to its information (s 13), and may end a member’s appointment on grounds framed as the Minister’s opinion (s 18(2)). These provisions vest significant executive control and discretion over the Council’s composition and operation in the Minister. The Council must publish any written directions in its next annual report (s 13(3)), but the timing of that disclosure could delay public visibility of directions until the annual report is prepared.
Reporting obligations omitted (s 10). The Act previously contained a reporting provision that was amended and later omitted (s 10 amd 2010, om 2012). The current text supplied lacks an explicit reporting requirement for public authorities or the Council under s 10, reducing statutory transparency obligations. Practitioners should verify whether reporting obligations exist under subordinate instruments or elsewhere in statute.
No penalties or enforcement mechanisms (Pt 2 and elsewhere). Because Part 2 is non‑enforceable and no penalties are supplied, compliance depends on administrative will and political incentives rather than legal compulsion. Those designing compliance programs must take into account the absence of legal teeth and instead plan for internal governance, training and monitoring.
Council membership composition constraints (s 14). The composition mandates specific quotas (four public service employees, four carers with a grandparent‑carer among them, three representatives of different carers associations, and one representative of grandparent‑carers). These constraints could complicate appointment processes, create vacancies if candidates are not available, and affect representativeness if the Minister’s appointments do not fill all slots promptly.
Remuneration tied to Ministerial decision (s 17). Non‑public service members’ remuneration is decided by the Minister (s 17). That could constrain the pool of potential appointees if remuneration is set too low and may raise independence questions where members are financially dependent on Ministerial determinations.
Interaction with other statutory duties (s 8(4)-(5)). Where other statutory duties require consideration of different principles, Part 2 does not apply to the extent of conflict. Practitioners advising public authorities must map overlapping statutory requirements to identify where the carers charter can be applied and where it must yield to other legal obligations.
These “gotchas” arise directly from the statutory text. They highlight the operational limits of the Act: it is a recognition and advisory framework with narrow, administratively framed duties and substantial executive control.
How to comply
For public authorities, the Carers (Recognition) Act 2008 sets out non‑enforceable but explicit administrative expectations. The following practical steps, grounded in the statutory text, provide a compliance roadmap.
Determine applicability: Confirm whether your organisation is a “public authority” under s 5, meaning it is a department or a statutory body as defined in the Financial Accountability Act 2009, s 9. The duties in Pt 2 apply only to such entities.
Familiarise with the carers charter (s 7; schedule): Obtain the carers charter from the Act’s schedule or the responsible department and ensure the authority and its officers and employees have an awareness and understanding of the charter (s 9(1)). Even though Part 2 is directory, the Act requires awareness and action to reflect the charter.
Conduct awareness and training programs (s 9(1)): Develop and deliver targeted training for staff who deliver services affecting carers, and for managers responsible for HR and policy design. Training should explain who qualifies as a carer under s 6, including the specific tests for grandparent‑carers and the carve‑outs for volunteers and certain family relationships (s 6).
Review and amend HR policies where they significantly affect employees who are carers (s 9(2)): Identify HR policies that will have a significant effect on employees’ roles as carers,examples include flexible work arrangements, leave policies, and performance management,and incorporate the charter’s principles into the drafting and review process. Document how consideration was given to the charter to demonstrate administrative compliance, recognising that the statutory duty is directory but that administrative records show good governance.
Consult representative bodies on strategic policy/planning decisions relevant to carers (s 9(3)): Where strategic policy or planning decisions will affect carers or the persons they care for, identify representative bodies that you are satisfied represent the carers likely affected and undertake meaningful consultation. Keep records of the consultation process and outcomes to inform decision‑making and to support transparency.
Embed charter principles into service design and procurement: If your public authority commissions or contracts private providers to deliver services affecting carers, consider how the charter’s principles can be reflected in service specifications, contracts, performance metrics and monitoring arrangements. While the Act does not mandate contractual obligations on private parties, administrative alignment will ensure services delivered on behalf of the authority reflect charter considerations.
Recordkeeping and minutes (s 21): Keep minutes and a record of decisions on matters where the carers charter was considered, including records of any consultation with representatives and the reasoning adopted where trade‑offs were made. The Council is required to keep minutes (s 21); public authorities should have comparable records to demonstrate internal compliance processes.
Prepare for ministerial oversight and directions if you are the Council (s 13): The Carers Advisory Council must perform functions subject to the general direction and control of the Minister and to any specific written directions (s 13(1)). If the body you administer is the Council, ensure processes exist to receive, respond to and, where required, provide access to information about matters specified in directions (s 13(2)). Publish any written directions in the annual report as required (s 13(3)).
For Council membership compliance (s 14-18):
Appointments: Ensure appointments meet the composition rules (s 14).
Terms: Appoint members for terms of up to two years as stated in instruments of appointment (s 16).
Remuneration: For non‑public service members, ensure remuneration and allowances are set in accordance with Ministerial determinations (s 17).
Vacation/removal: Maintain clear processes for resignations and for handling the potential ending of appointments by the Minister, recognising the removal grounds framed by the Minister’s opinion (s 18).
Monitor changes to the legislative framework (amendments and regulations) (s 22 and amendment notes): Because the Act has been amended historically and the Governor in Council may make regulations under s 22, maintain a process to monitor legislative amendments and any regulations that might create further obligations or reporting requirements.
Transparency and communication: Although s 10 (reporting obligations) was omitted in 2012 according to the provided text, public authorities may still choose to publish internal compliance reports summarising how they have considered the carers charter in policy and service design. This voluntary transparency can substitute for the statutory reporting mechanism that was removed and may reduce political or stakeholder risk.
Map overlap with other obligations (s 8(4)-(5)): Before applying the charter’s principles to a particular policy decision, map other statutory duties or legal considerations that the authority must follow. Where there is a conflict, the Act instructs that Part 2 does not apply to the extent of the conflict (s 8(4)-(5)). Document the assessment and the legal basis for prioritising other legal duties.
Engage with representative bodies and carers: To meet the consultation expectation in s 9(3) and to surface practical issues, proactively reach out to representative bodies and carers’ organisations when designing or substantially amending services affecting carers. Keep attendance lists, submissions, and minutes to evidence consultation.
Internal governance: Assign responsibility within the public authority (for example, a senior officer or a small working group) for oversight of the carers charter implementation so that policy, procurement, HR and service delivery teams coordinate compliance efforts.
Following these steps will implement the Act’s administrative expectations as set out in s 9 and the governance rules for the Council. Because the statutory obligations are directory rather than enforceable, compliance is a matter of administrative design and organisational practice rather than legal defence in the courts; good recordkeeping and transparent consultation will be the most effective compliance measures.
(b) the grandparent is the primary care-giver and decision-maker for the child.
(a) the grandparent cares for the child while the child’s parent or parents are working; or
(b) the child, together with the child’s parent or parents, lives with the grandparent.
(a) only because the person is the spouse, parent or guardian of a person to whom care is provided; or
(b) if the person provides the care or assistance as a volunteer for a voluntary organisation.
sec.7 The Queensland carers charter
sec.7 The Queensland carers charter
The Queensland carers charter (the carers charter ) is set out in the schedule.
pt.2 Decisions affecting carers
Decisions affecting carers
sec.8 Purpose and application of pt 2
sec.8 Purpose and application of pt 2
It is Parliament’s intention that this part be complied with.
However, this part is directory only and does not create rights or impose legally enforceable obligations on the State, a public authority or anyone else.
Failure to comply with this part does not affect the validity of any decision.
Subsection (5) applies to a public authority that must, under another Act or law, consider, or comply with, principles or requirements ( other considerations ) in the exercise of the authority’s functions or powers.
This part does not apply to the public authority to the extent that the principles of the carers charter or requirements under this part would conflict with, or otherwise detract from, the public authority properly considering or complying with the other considerations.
(sec.8-ssec.1) It is Parliament’s intention that this part be complied with.
(sec.8-ssec.2) However, this part is directory only and does not create rights or impose legally enforceable obligations on the State, a public authority or anyone else.
(sec.8-ssec.3) Failure to comply with this part does not affect the validity of any decision.
(sec.8-ssec.4) Subsection (5) applies to a public authority that must, under another Act or law, consider, or comply with, principles or requirements ( other considerations ) in the exercise of the authority’s functions or powers.
(sec.8-ssec.5) This part does not apply to the public authority to the extent that the principles of the carers charter or requirements under this part would conflict with, or otherwise detract from, the public authority properly considering or complying with the other considerations.
sec.9 Obligation of public authorities to consider carers charter
sec.9 Obligation of public authorities to consider carers charter
A public authority must ensure the authority and its officers and employees—
have an awareness and understanding of the carers charter; and
take action to reflect the principles of the charter in providing services of the authority which affect carers and the persons they care for.
A public authority, to the extent its internal human resources policies may significantly affect an employee in carrying out the employee’s role as a carer, must ensure the policies are developed taking into consideration the principles of the carers charter.
Also, a public authority must consult with the representative bodies that the authority is satisfied represent the carers affected when making strategic policy or planning decisions relevant to carers and the persons they care for.
s 9 amd 2010 No. 47 s 6
(sec.9-ssec.1) A public authority must ensure the authority and its officers and employees— have an awareness and understanding of the carers charter; and take action to reflect the principles of the charter in providing services of the authority which affect carers and the persons they care for.
(sec.9-ssec.2) A public authority, to the extent its internal human resources policies may significantly affect an employee in carrying out the employee’s role as a carer, must ensure the policies are developed taking into consideration the principles of the carers charter.
(sec.9-ssec.3) Also, a public authority must consult with the representative bodies that the authority is satisfied represent the carers affected when making strategic policy or planning decisions relevant to carers and the persons they care for.
(a) have an awareness and understanding of the carers charter; and
(b) take action to reflect the principles of the charter in providing services of the authority which affect carers and the persons they care for.
sec.10 Reporting obligations
sec.10 Reporting obligations
s 10 amd 2010 No. 47 s 7
om 2012 No. 8 s 11
pt.3 Carers Advisory Council
Carers Advisory Council
pt.3-div.1 Establishment and functions
Establishment and functions
sec.11 Establishment of Carers Advisory Council
sec.11 Establishment of Carers Advisory Council
The Carers Advisory Council is established.
sec.12 Functions of the Carers Advisory Council
sec.12 Functions of the Carers Advisory Council
The functions of the council are to—
work to advance the interests of carers and promote compliance by public authorities with the carers charter; and
make recommendations to the Minister on enhancing compliance by public authorities with the carers charter; and
provide general advice to the Minister on matters relating to carers; and
carry out other functions as directed by the Minister.
(a) work to advance the interests of carers and promote compliance by public authorities with the carers charter; and
(b) make recommendations to the Minister on enhancing compliance by public authorities with the carers charter; and
(c) provide general advice to the Minister on matters relating to carers; and
(d) carry out other functions as directed by the Minister.
sec.13 Minister may give directions
sec.13 Minister may give directions
The council must perform its functions subject to—
the general direction and control of the Minister; and
any specific written directions given to it by the Minister.
Without limiting subsection (1) (b) , a direction under that provision may require the council to give the Minister, or provide the Minister with access to, information in its possession about a matter or class of matter specified in the direction.
If the council is given a written direction, the council must publish the direction in its next annual report.
(sec.13-ssec.1) The council must perform its functions subject to— the general direction and control of the Minister; and any specific written directions given to it by the Minister.
(sec.13-ssec.2) Without limiting subsection (1) (b) , a direction under that provision may require the council to give the Minister, or provide the Minister with access to, information in its possession about a matter or class of matter specified in the direction.
(sec.13-ssec.3) If the council is given a written direction, the council must publish the direction in its next annual report.
(a) the general direction and control of the Minister; and
(b) any specific written directions given to it by the Minister.
pt.3-div.2 Membership
Membership
sec.14 Membership
sec.14 Membership
The council consists of 12 members appointed by signed notice by the Minister.
Four members must be public service employees.
Four members must be carers, one of whom must be a grandparent-carer.
Three members must be representatives of different carers associations.
One member must be a representative of grandparent-carers.
In this section—
grandparent-carer means a carer mentioned in section 6 (2) .
s 14 amd 2010 No. 47 s 8
(sec.14-ssec.1) The council consists of 12 members appointed by signed notice by the Minister.
(sec.14-ssec.2) Four members must be public service employees.
(sec.14-ssec.3) Four members must be carers, one of whom must be a grandparent-carer.
(sec.14-ssec.4) Three members must be representatives of different carers associations.
(sec.14-ssec.5) One member must be a representative of grandparent-carers.
(sec.14-ssec.6) In this section— grandparent-carer means a carer mentioned in section 6 (2) .
sec.15 Chairperson and deputy chairperson
sec.15 Chairperson and deputy chairperson
The Minister must appoint one of the members of the council to be the chairperson.
The chairperson holds office for the term decided by the Minister.
However, a vacancy occurs in the office of chairperson if the person holding the office resigns the office by signed notice of resignation given to the Minister or stops being a member of the council.
The council must elect one member to be the deputy chairperson.
The deputy chairperson is to act as chairperson—
during a vacancy in the office of chairperson; or
during a period when the chairperson is absent from duty or, for another reason, can not perform the functions of the office.
(sec.15-ssec.1) The Minister must appoint one of the members of the council to be the chairperson.
(sec.15-ssec.2) The chairperson holds office for the term decided by the Minister.
(sec.15-ssec.3) However, a vacancy occurs in the office of chairperson if the person holding the office resigns the office by signed notice of resignation given to the Minister or stops being a member of the council.
(sec.15-ssec.4) The council must elect one member to be the deputy chairperson.
(sec.15-ssec.5) The deputy chairperson is to act as chairperson— during a vacancy in the office of chairperson; or during a period when the chairperson is absent from duty or, for another reason, can not perform the functions of the office.
(a) during a vacancy in the office of chairperson; or
(b) during a period when the chairperson is absent from duty or, for another reason, can not perform the functions of the office.
sec.16 Term of appointment as member
sec.16 Term of appointment as member
A member is to be appointed for the term, of no more than 2 years, stated in the member’s instrument of appointment.
A person’s eligibility for reappointment or the term for which a person may be reappointed is not affected by an earlier appointment.
(sec.16-ssec.1) A member is to be appointed for the term, of no more than 2 years, stated in the member’s instrument of appointment.
(sec.16-ssec.2) A person’s eligibility for reappointment or the term for which a person may be reappointed is not affected by an earlier appointment.
sec.17 Remuneration and allowances
sec.17 Remuneration and allowances
This section applies to a member of the council who is not a public service employee.
The member is entitled to be paid the remuneration and allowances decided by the Minister.
(sec.17-ssec.1) This section applies to a member of the council who is not a public service employee.
(sec.17-ssec.2) The member is entitled to be paid the remuneration and allowances decided by the Minister.
sec.18 Vacation of office
sec.18 Vacation of office
A member’s office becomes vacant if—
the member dies; or
the member resigns by signed notice of resignation given to the Minister; or
the member’s appointment is ended by the Minister.
The Minister may, by written notice given to a member, end the member’s appointment if—
in the opinion of the Minister, the member is unable, because of illness or absence from the State, to perform the functions of the office; or
in the opinion of the Minister, the member commits misconduct of a kind that could justify dismissal from the public service if the member were a public service officer; or
the member is an insolvent under administration; or
the member is absent from 3 consecutive meetings of the council without the council’s permission and without reasonable excuse; or
in the opinion of the Minister, the member is performing the member’s duties carelessly, incompetently or inefficiently.
s 18 amd 2023 No. 23 s 247 sch 1 s 2 (3)
(sec.18-ssec.1) A member’s office becomes vacant if— the member dies; or the member resigns by signed notice of resignation given to the Minister; or the member’s appointment is ended by the Minister.
(sec.18-ssec.2) The Minister may, by written notice given to a member, end the member’s appointment if— in th
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