care relationship has the meaning referred to in section 4;
care relationship principles mean the principles set out in Part 2;
care support organisation means a person or body that is bound by the application of this Act under section 5;
carer means a person, including a person under the age of 18 years, who provides care to another person with whom he or she is in a care relationship;
disability has the same meaning as in the Disability Act 2006;
funded care agency means a person or body that is funded by a public service care agency and has responsibility for programs or services that directly impact on carers and the persons for whom they care;
personal care has the same meaning as special or personal care has in the Health Services Act 1988;
S. 3 def. of public service care agency amended by No. 9/2020 s. 390(Sch. 1 item 10).
public service care agency means—
(a) a public service body within the meaning of the Public Administration Act 2004; or
(b) a council within the meaning of the Local Government Act 2020; or
(c) an entity established by or under an Act for a public purpose—
that is responsible for the development, implementation, provision or evaluation of policies, programs or services that affect carers and the persons for whom they care.
4 Meaning of care relationship
(1) For the purposes of this Act, a person is in a care relationship if he or she provides another person, or receives from another person, care because one of the persons in the relationship—
(a) has a disability; or
(b) is older; or
(c) has a mental illness; or
(d) has an ongoing medical condition (including a terminal or chronic illness or dementia).
(2) Despite subsection (1), the following relationships are also care relationships for the purposes of this Act—
(a) a relationship where an individual has custody and guardianship of a child under a permanent care order made under Part 4.10 of the Children, Youth and Families Act 2005; and
(b) a relationship where a child is placed with an individual who provides care to that child under a child care agreement made under Part 3.5 of the Children, Youth and Families Act 2005; and
(c) a relationship where a child is placed with an individual who provides care to that child under a protection order made under Part 4.9 of the Children, Youth and Families Act 2005.
(3) For the purposes of this Act, a person is not in a care relationship with another person merely because he or she—
(a) is the spouse, or the domestic partner within the meaning of the Children, Youth and Families Act 2005, of the other person; or
(b) is the parent, child or other relative of the other person; or
(c) lives with the other person.
(4) Despite anything to the contrary in this section, a person is not in a care relationship for the purposes of this Act if he or she provides care to another person—
(a) under a contract of service or a contract for the provision of services; or
(b) under an employment contract; or
(c) in the course of doing voluntary work for a community organisation; or
(d) as part of the requirements of an education course or training.
(5) A person described in subsection (1) or (2) may be in a care relationship even if the person receives funding from either the Commonwealth or State Government in relation to carrying out the role of a carer.
5 Application
(1) This Act applies to—
(a) public service care agencies; and
(b) funded care agencies; and
(c) any person or body that has entered into a contract or funding arrangement with a funded care agency to undertake all or part of the funded care agency's responsibilities in relation to the provision of programs or services that directly impact on carers and the persons for whom they care, but only in relation to those activities; and
(d) any person, or class of person, or body that is prescribed by the regulations.
(2) Despite subsection (1), this Act does not apply to—
(a) family day care services within the meaning of the Education and Care Services National Law Act 2010;
(b) children's services within the meaning of the Children's Services Act 1996;
(c) children's services within the meaning of the Education and Care Services National Law Act 2010;
(d) education and care services within the meaning of the Education and Care Services National Law Act 2010;
(e) preschool programs within the meaning of the Education and Care Services National Law Act 2010;
(f) Government and non-Government schools within the meaning of the Education and Training Reform Act 2006.
6 Application of Act to other laws
If there is any inconsistency between this Act (other than section 12) and any other Act, the provisions of the other Act prevail.
Part 2—Care relationship principles
7 Principles relating to carers
A carer should—
(a) be respected and recognised—
(i) as an individual with his or her own needs; and
(ii) as a carer; and
(iii) as someone with special knowledge of the person in his or her care; and
(b) be supported as an individual and as a carer, including during changes to the care relationship; and
(c) be recognised for his or her efforts and dedication as a carer and for the social and economic contribution to the whole community arising from his or her role as a carer; and
(d) if appropriate, have his or her views and cultural identity taken into account, together with the views, cultural identity, needs and best interests of the person for whom he or she is a carer, in matters relating to the care relationship, including when decisions are made that impact on the carer and the care relationship; and
(e) have his or her social wellbeing and health recognised in matters relating to the care relationship; and
(f) have the effect of his or her role as a carer on his or her participation in employment and education recognised and considered in decision making.
8 Principles relating to persons being cared for
A person being cared for in a care relationship should—
(a) be respected, recognised and supported as an individual and as a person in a care relationship, including during changes to the care relationship; and
(b) have his or her views taken into account, together with his or her needs, cultural identity and best interests, in how he or she is cared for; and
(c) have his or her changing needs considered and taken into account in how he or she is cared for.
9 Principles relating to care relationships
A person in a care relationship should—
(a) have his or her care relationship respected and honoured; and
(b) if appropriate, have his or her views considered in the assessment, planning, delivery, management and review of services affecting him or her and the care relationship.
10 Legal rights not affected
The care relationship principles set out in this Part do not create, or confer on any person, any right or entitlement enforceable at law.
Part 3—Obligations regarding carers and care relationships
11 Obligations of care support organisations
(1) A care support organisation must—
(a) take all practicable measures to ensure that its employees and agents have an awareness and understanding of the care relationship principles; and
(b) take all practicable measures to ensure that persons who are in care relationships and who are receiving services in relation to the care relationship from the care support organisation have an awareness and understanding of the care relationship principles; and
(c) take all practicable measures to ensure that the care support organisation and its employees and agents reflect the care relationship principles in developing, providing or evaluating support and assistance for persons in care relationships.
(2) Nothing in this section creates any obligation on a care support organisation to provide funding or services to persons in care relationships.
12 Reporting obligations
(1) Despite anything to the contrary in any other Act, a care support organisation must prepare a report on its compliance with its obligations under section 11.
(2) A report required under this section must—
(a) be included in the care support organisation's annual report; and
(b) relate to the period to which the annual report relates; and
(c) include any additional information required by the regulations.
Part 4—General
13 Regulations
(1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.
(2) Without limiting subsection (1), the Governor in Council may make regulations for or with respect to—
(a) prescribing persons or bodies to whom this Act is to apply; and
(b) prescribing information to be included in reports of care support agencies.
(3) Regulations made under this Act may—
(a) be of general or limited application;
(b) differ according to differences in time, place or circumstance;
(c) confer a discretionary authority or impose a duty on a specified person or body or a specified class of person or body.
Pt 5 (Heading and ss 14, 15) repealed by No. 10/2012 s. 15.
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 8 February 2012
Legislative Council: 1 March 2012
The long title for the Bill for this Act was "A Bill for an Act to provide for the recognition of people in care relationships and for other purposes."
The Carers Recognition Act 2012 was assented to on 20 March 2012 and came into operation on 1 July 2012: section 2(2).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Carers Recognition Act 2012 by Acts and subordinate instruments.