Carers Recognition Act 2021

Core statutory concepts are care relationship, carer, care, care and carer support agency, care relationship principles, and reporting obligations. Each is defined or signposted in the Act and the dictionary.

Care relationship. Section 6 sets the substantive boundaries. A person is in a care relationship with another if the first person provides care because of the other’s disability, mental disorder or mental illness, ongoing medical condition (examples include terminal or chronic illness, chronic pain and dementia), aged frailty, or because the other is a child or young person and the carer is a kinship or foster carer (s 6(1)(a)-(e)). A regulation may extend the definition by prescribing additional relationships as care relationships (s 6(2)). The Act expressly excludes being a domestic partner, parent, child or other relative, or merely living with the person, as sufficient alone to establish a care relationship (s 6(3)). It also excludes paid carers provided under a contract of service or for the provision of services, volunteers for charitable, welfare or community organisations except for approved kinship and foster care organisations, and people providing care as part of education or training (s 6(4)). Subsection 6(5) clarifies that a carer may be someone receiving financial assistance from the Territory or Commonwealth in relation to their role as a carer.

Carer and care. The dictionary defines care as ongoing support, assistance or personal care, and personal care is elaborated to include assistance with bathing, toileting, dressing, eating, communicating, mobility assistance, supervision, medication administration and substantial emotional support. These functional descriptions anchor the concept in service and assistance activities rather than a status label.

Care and carer support agency. Section 7 and the dictionary define the class of entities subject to obligations. The Act captures public sector support agencies (public sector entities responsible for assessment, planning, delivery, management and review of support services for people in care relationships), funded support agencies (entities funded by a public sector support agency and responsible for providing support services that directly impact people in care relationships), secondary funded support agencies (entities contracted or funded by a funded support agency to provide services for which the funded support agency is responsible), and any additional entities prescribed by regulation (s 7; dictionary entries).

Care relationship principles. Part 3 lists the principles. For carers, principles centre on recognition, respect, support as individuals and carers, consideration of carers’ knowledge of the person receiving care, timely and accessible support, recognition of the effect of caring on participation in employment and education, culturally appropriate services for Aboriginal and Torres Strait Islander carers, and tailored supports for children, young people, LGBTIQ+ carers, culturally and linguistically diverse carers and carers with disability (s 8). For people receiving care, the principle is concise: their rights as individuals should be recognised and realised (s 9).

Obligations and reporting. Section 10 requires care and carer support agencies to take all practicable measures to ensure awareness and understanding of the principles among their employees and agents and the people receiving services from the agency, and to uphold the principles in assessment, planning, delivery, management and review of services. Agencies must consult carers receiving services and an entity representing carers when planning or reviewing services, and when developing internal HR policies must consider the principles in relation to employees who are carers (s 10(1)-(2)). Section 11 requires each such agency to prepare an annual report on compliance with s 10, and specifies how those reports are to be published or included in funding reporting mechanisms depending on the agency type (s 11(1)-(2)). Regulations may prescribe information to be included in the report (s 11(3)).

Other structural features. Section 12 expressly states the Legislative Assembly’s intention not to create legal rights or civil causes of action. Section 13 sets an inconsistency rule, where other Territory laws prevail over this Act except for s 11. Section 14 enables regulations. Section 15 mandates a review after 5 years and then expires six years after commencement.

The Act also relies on signposts to other Commonwealth and Territory legislation for key terms. For example, the dictionary cross‑references the Disability Discrimination Act 1992 (Cth) for disability, and the Mental Health Act 2015 (ACT) for mental disorder and mental illness. The Children and Young People Act 2008 provides definitions for kinship and foster carer, child and young person.

The Act allocates duties and creates expectations directed primarily at public sector entities and organisations funded directly or indirectly by the Territory, while its substantive recognition is aimed at carers and people receiving care.

Care and carer support agencies. The primary locus of operational effect is the class of entities defined as care and carer support agencies (s 7 and dictionary). This includes public sector support agencies , for example Canberra Health Services or Transport Canberra as listed in the dictionary examples , which are the Territory’s own agencies responsible for assessment, planning, delivery and review of support services. It also includes funded support agencies, i.e. organisations funded by a public sector support agency to provide support services that directly impact people in care relationships, and secondary funded support agencies, i.e. contractors or sub‑contractors engaged by funded support agencies. The Executive may add entities by regulation (s 7(d)). For funded support agencies the Act ties reporting to funding arrangements: these agencies must include compliance reports in any reporting documents required under their funding arrangement and make the reports publicly available (s 11(2)(b)). For public sector support agencies, reports must be included in the agency’s annual report (s 11(2)(a)). Secondary funded support agencies are only required to consider making the report publicly available (s 11(2)(c)).

Carers. The Act’s substantive recognition targets unpaid carers who provide ongoing support for reasons listed in s 6(1). This will commonly capture family members and kinship or foster carers, including those receiving financial assistance from Territory or Commonwealth sources in relation to their carer role (s 6(5)). The Act expressly excludes certain groups from being considered carers for the purpose of the Act: paid employees providing care under a contract of service or a contract for services; volunteers for charitable or community organisations, except for approved kinship and foster care organisations; and persons providing care as part of education or training (s 6(4)). The Act also clarifies that mere familial relationship or co‑residence does not by itself create a care relationship (s 6(3)).

People receiving care. People who are the recipients of care in a defined care relationship are indirectly affected because Part 3 requires that their rights as individuals be recognised and realised (s 9) and because agencies must consider carers’ knowledge and the needs and interests of the person receiving care (s 8(1)(d)). Specific subgroups are also singled out for tailored cultural or developmental consideration: children and young carers, Aboriginal and Torres Strait Islander carers (s 8(1)(i) and (j)), LGBTIQ+ carers (s 8(1)(k)), culturally and linguistically diverse carers (s 8(1)(l)) and carers with disability (s 8(1)(m)).

Funding bodies and contract managers. Public sector support agencies that fund and contract with other organisations will need to translate the Act into funding and contract conditions, because the obligations attach to funded support agencies and reporting is tied to funding arrangements (s 11(2)(b)). Contract managers will need to reconcile their existing contractual compliance frameworks with the Act’s requirements and the Executive’s regulations if any are made.

Minister, Executive and regulators. The Minister must conduct and present a review after five years (s 15), and the Executive can make regulations that may expand the Act’s scope by prescribing additional relationships or entities and require prescribed information in compliance reports (ss 6(2), 7(d), 11(3), 14). Those instruments will affect who is captured and what must be reported.

Third parties and public watchdogs. Advocacy organisations, carer representative entities and the public are affected indirectly through the Act’s consultation and publication requirements. The Act requires agencies to consult carers receiving services and an entity representing carers when planning or reviewing services (s 10(2)(a)) and, for funded agencies, to make compliance reports publicly available (s 11(2)(b)).

Who does not get new enforceable private rights. The Act explicitly disclaims the creation of a civil cause of action or legal rights (s 12). That affects carers and people receiving care who may seek judicial remedies; the Act itself does not establish private rights to enforce the principles in court.

The Act imposes a small set of duties on defined agencies and sets out aspirational principles for carers and people receiving care. It does not confer enforceable private rights.

Duties on care and carer support agencies. Section 10 is the heart of the statutory obligations. Subsection 10(1) requires that a care and carer support agency take all practicable measures to ensure that the agency’s employees and agents, and people in care relationships who are receiving support services from the agency, are aware of and understand the care relationship principles. The same subsection requires the agency and its employees and agents to uphold the care relationship principles when assessing, planning, delivering, managing or reviewing support services, programs and policies relating to people in care relationships.

Subsection 10(2) adds procedural duties. When planning or reviewing support services and programs provided by the agency, the agency must consult with carers who receive services from the agency and with an entity representing carers (s 10(2)(a)). When developing internal human resources policies, the agency must consider the care relationship principles in relation to employees who are carers (s 10(2)(b)). These consultation and HR considerations are specific policy duties rather than individual entitlements.

Reporting duties. Section 11 requires each care and carer support agency to prepare an annual report on the agency’s compliance with s 10. The destination and publication requirements depend on the agency type. Public sector support agencies must include the report in their annual report under the Annual Reports (Government Agencies) Act 2004 (s 11(2)(a)). Funded support agencies must include the report in any reporting document required under their funding arrangement and make the report publicly available (s 11(2)(b)). Secondary funded support agencies are required only to consider making the report publicly available (s 11(2)(c)). Regulations may prescribe additional information to be included in the report (s 11(3)). The Act defines reporting year differently for public sector and funded agencies (s 11(4)).

Rights and recognitions. Part 3 sets out the care relationship principles, which operate as policy standards and expectations rather than legally enforceable rights. For carers, the principles include recognition as individuals with their own needs and as carers, acknowledgement of carers’ knowledge of the person receiving care, support during changes to care relationships, recognition of social and economic contribution, attention to carers’ social wellbeing and health, recognition of the effect on employment and education, provision of timely and accessible support, inclusion in assessment and planning where receiving services, and tailored supports for children, Aboriginal and Torres Strait Islander carers, LGBTIQ+ carers, culturally and linguistically diverse carers and carers with disability (s 8(1)(a)-(m)). For people receiving care, the principle is that their individual rights should be recognised and realised (s 9).

No enforceable private cause of action. Section 12 expressly states that the Legislative Assembly does not intend by this Act to create any legal right or to give rise to any civil cause of action. That means the principles and procedural duties are not, by the text of the Act, directly actionable by private parties in court.

Inconsistency and precedence. Section 13 provides that if a provision in this Act, other than s 11, is inconsistent with a provision in any other Territory law, the other Territory law prevails to the extent of the inconsistency. That limits the practical effect of s 10 obligations where they conflict with other statutes or regulatory frameworks; an exception is s 11, which is not subject to that inconsistency rule and thus has primacy for reporting obligations.

Discretion and standards. Several statutory phrases set the standard of compliance but do not rigidly prescribe means: "take all practicable measures" (s 10(1)) and "consult" and "consider" (s 10(2)). These standards import a reasonableness and administrative judgement into how agencies will comply, and leave scope for agencies to determine the practical steps to meet the obligations, subject to political and funding incentives.

Regulatory potential. The Executive may make regulations that affect the scope of who is captured as a care relationship or care and carer support agency and may prescribe reporting content (ss 6(2), 7(d), 11(3), 14). Such regulations can convert administrative expectations into more prescriptive obligations.

The Act itself contains no express offences, penalties or civil enforcement mechanisms for failure to comply with the care relationship principles or the obligations in s 10 and s 11. The most direct enforcement mechanism in the statute is administrative and reputational through reporting and political oversight rather than criminal or civil sanction.

Penalty units cited in the republication preface. The republication documents note the value of a penalty unit at the republication date ($160 for an individual and $810 for a corporation) pursuant to the Legislation Act 2001, s 133. Those figures are part of the republication metadata and indicate the current value of a penalty unit for offences against this law "at the republication date". However, the Act contains no substantive offence provisions which apply penalty units. Consequently there is no internal statutory penalty applied to non‑performance of s 10 or s 11 obligations in the text of the Act.

Administrative compliance and public reporting as enforcement. The regime creates compliance risk through reporting lines and public disclosure requirements. Public sector support agencies must include compliance reports in their annual reports (s 11(2)(a)). Funded support agencies must include compliance reports in funding reporting documents and make them publicly available (s 11(2)(b)). Secondary funded support agencies are merely required to consider whether to make their reports publicly available (s 11(2)(c)). These disclosure obligations create reputational incentives for compliance and create information that can be used by Ministers, funding agencies and the public to assess performance.

Regulatory design. The Executive may make regulations under s 14. Regulations could conceivably create offences or administrative sanctions where authorised by the Executive and consistent with other Territory law. The Act also allows regulations to prescribe information for the reports (s 11(3)), which could tighten reporting expectations and therefore increase the practical consequences of non‑compliance, though the Act does not mandate penalties.

Inconsistency and legal effect. Section 12 disclaims any intention to create private legal rights or causes of action. Section 13 states that if the Act is inconsistent with other Territory laws, the other law prevails to the extent of the inconsistency, except for section 11. That means that enforcement mechanisms available under other Territory laws remain the primary legal enforcement instruments, and where a conflict arises the other law may override most of the Act’s provisions.

Review and political oversight. The Minister is required to review the Act as soon as practicable after the end of the Act’s fifth year and present a report to the Legislative Assembly (s 15). This review mechanism creates a political and administrative loop for identifying non‑compliance, effectiveness issues or needs for regulatory amendments. The review section expires after six years (s 15(2)).

Practical enforcement pathway. In practice, enforcement will be via: funding conditions and contract management; public reporting and political accountability; administrative remedies available under other Territory laws where relevant; and potential regulations that may create further compliance obligations. The Act itself does not give carers private enforcement rights or create specified penalties for non‑compliance.

The Act is expressly designed to sit alongside, and not to displace, other Territory and Commonwealth law. It makes multiple cross‑references and contains an express inconsistency rule.

Hierarchy and inconsistency rule. Section 13 sets the key interaction: if a provision in the Carers Recognition Act (other than s 11) is inconsistent with a provision in any other Territory law, the other Territory law prevails to the extent of the inconsistency. This means that existing statutory regimes, regulatory frameworks, licensing requirements and service obligations under other Territory laws will generally override the care relationship principles and related obligations where they conflict, except that the reporting obligation in s 11 is not subject to that primacy rule. Therefore s 11 has a form of precedence for reporting requirements despite other legislative schemes.

Cross‑references to other Acts for definitions. The Act relies on external statutory definitions and regimes. For example, the dictionary defines "disability" by reference to the Disability Discrimination Act 1992 (Cth) s 4(1), and "mental disorder" and "mental illness" by reference to the Mental Health Act 2015 (ACT) (s 6(6) and dictionary). "Kinship carer" and "foster carer" are defined with reference to the Children and Young People Act 2008 (s 6(6), dictionary). The cross‑references mean that the Act’s coverage tracks the scope and amendments of those Acts for key categories.

Funding and contractual frameworks. Funded support agencies and secondary funded support agencies are captured because of their relationships to public sector support agencies. The reporting requirements for funded agencies are tied to whatever reporting documentation is required by their funding arrangements (s 11(2)(b)). That creates a pathway where funding contracts and grant agreements will likely be used to operationalise the Act’s expectations. Contract managers will need to reconcile contractual obligations, procurement rules and other statutory service delivery obligations with the Act and with the inconsistency rule.

Administrative law and employment law. The Act requires agencies to "consider" the care relationship principles when developing internal human resources policies for employees who are carers (s 10(2)(b)). This interacts with employment law, public sector employment instruments, industrial agreements and HR policy obligations. However, because the Act does not create enforceable private rights (s 12), employment entitlements will remain governed by employment law, contracts, awards, and public sector instruments, not by the Act itself.

Privacy, confidentiality and reporting. The Act requires agencies to prepare and publish reports about compliance. Those reports will interact with privacy laws and recordkeeping obligations under Commonwealth and Territory law. Agencies will need to ensure reporting and any consultation processes comply with privacy and confidentiality frameworks.

Potential regulatory instruments. Section 14 authorises the Executive to make regulations, which can prescribe relationships as care relationships (s 6(2)), prescribe entities as care and carer support agencies (s 7(d)), and require specified information in reports (s 11(3)). Regulations could therefore create alignment or tension with existing statutory frameworks; they must be read in the context of s 13 and other relevant legislative schemes.

No preemption of Commonwealth law. The Act references Commonwealth statutes for definitions but is a Territory Act. It does not displace Commonwealth law. Where Commonwealth law governs a matter, that law will continue to apply.

Practical implication. In practice agencies must: map their obligations under this Act against existing statutory duties, funding contracts and regulatory regimes; treat the reporting obligation in s 11 as having primacy within the Act; and watch for regulations which may expand the Act’s reach or specify report contents. Because the Act disclaims private rights, many practical enforcement interactions will occur through funding, contract compliance, administrative review, and political oversight.

The text provided is a republication as in force on 10 June 2022. The endnotes record the legislative and amendment history up to that republication date.

Commencement. The Act was notified on 10 December 2021 (Legislation Register LR 10 December 2021). Sections 1 and 2 commenced on 10 December 2021 (LA s 75(1)). Section 16 commenced on 10 December 2021 (s 2(2)). The remainder of the Act commenced on 10 June 2022 (s 2(1) and LA s 79) (Endnotes, Legislation history).

Amendments and expiry of review provision. The amendment history in the endnotes records that section 15 (the review requirement) expires 10 June 2028 (s 15(2)). The endnotes also refer to a "New Carers Recognition Regulation" with entries expiring 10 June 2022 for transitional schedule items (s 16 sch 1 exp 10 June 2022), which reflect regulatory instruments associated with commencement and transition rather than amendments to the Act text. The Act as republished is annotated "Act not amended". The amendment history does not record any substantive amendments to the Act itself as at the republication date.

Editorial republication. The Parliamentary Counsel’s Office prepared this authorised republication under the Legislation Act 2001, part 11.3. Editorial changes may be made when republishing; the republished law includes editorial amendments authorised by the Legislation Act, which do not change the substantive effect of the law but are treated as if enacted on the republication date where they are of a formal nature (republication notes).

Regulation activity. The Act contemplates regulations that may prescribe additional relationships as care relationships or prescribe entities to be care and carer support agencies (ss 6(2), 7(d)), and to prescribe information for reporting (s 11(3)). The endnotes refer to a "New Carers Recognition Regulation" that had expiry entries at commencement, suggesting transitional subordinate instruments were in play around commencement. Users should check the ACT legislation register for the current status of any regulations made under s 14 after 10 June 2022.

No subsequent amendments recorded in republished file. The republication is annotated "Act not amended". There is no record in the republished material of substantive amendments to the Act text following initial notification and commencement. For any amendments after 10 June 2022 review the ACT legislation register.

Implication for practitioners. Because the Act is recent and, per the republication, unamended, scrutiny should focus on regulatory instruments made under s 14 and contract/funding instruments used by public sector support agencies to operationalise the Act. The statutory review due after the Act’s fifth year may prompt legislative or regulatory change following the Minister’s report to the Legislative Assembly.

The republication and the Act text do not record any court decisions or litigation arising under the Carers Recognition Act 2021. The Act contains an express statement that the Legislative Assembly does not intend by this Act to create any legal right or give rise to any civil cause of action (s 12), which reduces the likelihood of private civil litigation founded directly on the Act’s principles.

No named cases in the text. The Act does not reference any judicial decisions or administrative determinations, and the endnotes do not list any litigation history or case law. The main enforcement mechanisms are administrative , reporting, funding arrangements and the Ministerial review , rather than private enforcement. Consequently, there is no litigation narrative in the statute itself.

How litigation might arise, conceptually. Although the Act disclaims creation of civil causes of action, litigation could still arise indirectly in several ways, none of which are recorded in the Act:

• Contract disputes. Funded support agencies and public sector support agencies may incorporate obligations arising from the Act into funding agreements or contracts. Disputes over compliance with contractual obligations could be litigated under contract law.

• Administrative law challenges. Decisions by public sector support agencies that are influenced by the Act or by regulations made under it could be subject to administrative review or judicial review under general administrative law principles if the decision is a reviewable decision.

• Employment claims. The requirement to "consider" the principles when developing HR policies (s 10(2)(b)) could be reflected in public sector employment instruments or enterprise agreements. Claims under employment law for failure to accommodate carers, or under anti‑discrimination law, would be brought under those substantive regimes rather than under the Carers Recognition Act.

• Statutory conflicts. Where an agency attempts to apply the principles in a way that conflicts with another Territory law, section 13 provides that the other law prevails to the extent of the inconsistency, so litigation could arise to determine operative effect in particular circumstances under principles of statutory interpretation and administrative law.

Because there are no cases cited in the Act and no recorded litigation in the republished materials, practitioners seeking case law should check court databases and administrative decisions after 10 June 2022 for any developments, and should not assume an existing line of authority based on this Act alone.

The Act contains several drafting features and interactional points that create practical risks, compliance traps and policy ambiguity for agencies, carers and funders.

No private enforcement. Section 12 expressly says the Act does not create legal rights or civil causes of action. Practitioners sometimes misread principles statutes as creating enforceable entitlements. Here the care relationship principles are policy standards; they do not, on their face, create private legal rights. Look to funding agreements, contracts and other statutory regimes for enforceable obligations.

Vague standards. Several core obligations use indeterminate standards: "take all practicable measures" (s 10(1)), "consult" (s 10(2)(a)), and "consider" (s 10(2)(b)). These standards are context dependent and afford agencies significant discretion in how they comply. Without regulations that prescribe methodology or minimum practices, agencies may adopt minimal compliance measures and argue they satisfied "practicable measures." Documenting the decision‑making and evidencing the nature and extent of consultations is critical.

Reporting primacy but limited sanction. Section 11 is the Act’s principal enforcement lever, and is not subject to the inconsistency rule in s 13. That gives the reporting obligation a normatively stronger position within the Act. However, the Act imposes no penalty for failing to prepare or publish the report. Practical consequences will therefore arise through political, reputational and contracting levers rather than statutory sanction.

Asymmetric obligations across the provider chain. Public sector support agencies and funded support agencies face clear publication and reporting duties. Secondary funded support agencies are only required to "consider" making reports publicly available (s 11(2)(c)). This creates an asymmetry where accountability is stronger at the top of the funding chain and weaker at sub‑contractor level, which may leave gaps in transparency for services delivered by subcontracted providers.

Inconsistency rule limits effect. Section 13 makes the Act subordinate to other Territory laws to the extent of inconsistency. Agencies must map the Act against existing legal obligations. Where other statutes prescribe different procedures or entitlements, those other statutes prevail. Mistakenly relying on the Act to expand or alter entitlements could lead to compliance mismatch.

Regulatory expansion risk. The Executive may prescribe additional relationships as care relationships (s 6(2)) and may prescribe entities as care and carer support agencies (s 7(d)). Regulations may also prescribe report content (s 11(3)). Practitioners should track subordinate instruments because regulations could materially change who is captured or what must be reported without an amendment to the principal Act.

Coverage boundaries. The Act excludes paid carers under contracts, volunteers (with an exception for approved kinship and foster care organisations) and persons providing care as part of education or training (s 6(4)). It also excludes persons simply because they are family or live with the cared‑for person (s 6(3)). These exclusions mean that many people providing substantial care (for example paid home carers, some volunteers, or cohabiting family carers) might not be covered by the Act’s recognition and procedural protections.

Intersection with privacy and confidentiality. Reporting and consultation obligations will require information flows about carers and people receiving care. Agencies must ensure they comply with privacy and recordkeeping laws when publishing reports or conducting consultations. The Act is silent on privacy safeguards, so standard privacy and data protection law will govern.

Expectation management. Part 3 contains aspirational principles including culturally appropriate services for Aboriginal and Torres Strait Islander carers and tailored supports for LGBTIQ+ and culturally and linguistically diverse carers (s 8(1)(j)-(m)). Where resources or statutory mandates do not support tailored services, agencies may face heightened expectations from advocates without the statutory tools or funding to respond, producing implementation strain.

Timing of the review. The Minister must review the Act after the fifth year of operation and present a report to the Legislative Assembly (s 15). That creates a policy window in which trends, compliance experience and regulatory lacunae may be addressed. Practitioners should plan for potential changes culminating in the post‑5‑year review.

Watch subordinate instruments and funding agreements. Because funded support agencies’ reporting duty is tied to funding arrangements (s 11(2)(b)), the operational effect of the Act will often be driven by how public sector support agencies incorporate the Act into funding contracts. The absence of primary law penalties means that funding agreements will be the practical lever for compliance. Funded agencies should audit their contracts for any clauses that reflect the Act.

This section outlines practical steps for entities captured as care and carer support agencies to implement the Act’s requirements, reduce compliance risk and prepare for the statutory review. The obligations are administrative, procedural and documentation‑based.

Step 1 , Confirm capture and mapping. Determine whether your entity is a public sector support agency, a funded support agency, a secondary funded support agency, or an entity prescribed by regulation (s 7 and dictionary). If you are a funded or secondary funded agency, map your contractual relationship to the public sector support agency that funds you, because reporting obligations are linked to funding arrangements (s 11(2)(b)). If the Executive has made regulations under s 14, check whether they expand capture or prescribe report content.

Step 2 , Gap analysis against the care relationship definition and exclusions. Map the services you provide to the Act’s functional definition of care and personal care in the dictionary and s 6(1). Identify staff, volunteers and contractors who are excluded by s 6(4) (paid carers under contracts, volunteers other than approved kinship/foster organisations, persons providing care as part of education), so you know who is covered by the Act and who is not.

Step 3 , Awareness and training program. The agency must "take all practicable measures" to ensure employees, agents and people receiving services are aware of and understand the care relationship principles (s 10(1)(a)). Implement an awareness program that includes: mandatory staff briefings, written guidance notes, inclusion of the principles in induction materials, and accessible materials for people receiving services. Maintain attendance records and versioned training materials as evidence of "practicable measures."

Step 4 , Integrate principles into service planning processes. The agency must uphold the principles when assessing, planning, delivering, managing or reviewing services (s 10(1)(b)). Embed checkpoints in service planning documents and quality frameworks that specifically require consideration of the principles, including consideration of carers’ knowledge of the person receiving care (s 8(1)(a)(iii)) and consideration of the carer’s social wellbeing and effect on employment and education (s 8(1)(e) and (f)). Document how each principle was considered during decision processes.

Step 5 , Consultation protocols. When planning or reviewing services, the agency must consult carers receiving services and an entity representing carers (s 10(2)(a)). Develop and document a consultation protocol that defines who to consult, minimum consultation methods (surveys, focus groups, individual interviews), timing, and how feedback will be incorporated. Record minutes, participant lists and a brief impact statement describing how consultation outcomes influenced planning.

Step 6 , HR policy consideration and support. The agency must consider the principles in internal HR policies for employees who are carers (s 10(2)(b)). Review flexible work, leave, return to work, workplace adjustments and employee assistance programs to identify changes that address carers’ employment and education participation (s 8(1)(f)). Document the policy review and rationale for changes, keeping records of decisions and communications to staff.

Step 7 , Tailored supports for specified cohorts. Part 3 requires specific attention for children and young carers, Aboriginal and Torres Strait Islander carers, LGBTIQ+ carers, culturally and linguistically diverse carers, and carers with disability (s 8(1)(i)-(m)). Conduct targeted needs assessments for these cohorts, and where services are provided, ensure cultural and developmental appropriateness in service design. Document any referrals, adaptations or linkages with specialist providers.

Step 8 , Reporting systems. Prepare to meet s 11. For public sector support agencies, integrate the s 11 report into the agency’s annual report process (s 11(2)(a)). For funded support agencies, ensure the s 11 compliance report is included in the reporting documents required by the funding arrangement and that a public version is prepared for publication on the agency’s website or other public platform (s 11(2)(b)). For secondary funded agencies prepare an internal report and consider public disclosure (s 11(2)(c)). Establish a reporting template that captures governance arrangements, training undertaken, consultation records, policy changes, performance indicators and examples of how the principles were upheld. Monitor whether regulations have prescribed additional information for the report (s 11(3)).

Step 9 , Records and evidence. Because the statutory standards are indeterminate, keep contemporaneous evidence: training registers, consultation logs, policy drafts, versions of HR documents, service planning records showing principle considerations, and copies of published reports. These will form the evidentiary basis for asserting that "all practicable measures" were taken.

Step 10 , Privacy and data compliance. Ensure that any public reporting and consultation complies with privacy and confidentiality legal obligations. Redact personal information where necessary and obtain consent for direct quotations or case studies used in public reports.

Step 11 , Contract and funding alignment. For funded support agencies, work with the public sector support agency to ensure funding agreements and reporting schedules explicitly incorporate s 11 obligations and agree templates for compliance reporting. For public sector support agencies, consider incorporating compliance expectations into standard funding agreements with funded and secondary funded agencies to close accountability gaps.

Step 12 , Risk assessment and escalation. Undertake an organisational risk assessment identifying where resources, legal constraints or other regulatory duties might prevent full operationalisation of the principles. Establish escalation paths for addressing carers’ complaints or systemic gaps, even though the Act does not create private rights.

Step 13 , Prepare for the statutory review. The Minister must review the Act after 5 years and present a report (s 15). Collect baseline data now to inform the review, including metrics on consultations undertaken, numbers of staff trained, policy changes made, and public reporting outputs. That data will support submissions to the review and help identify practical barriers and resource needs.

Step 14 , Monitor subordinate instruments and legislative change. Keep an active watch on regulations made under s 14, and on any amendment activity or guidance issued by the Minister or Executive, because regulations can expand scope or specify reporting content (ss 6(2), 7(d), 11(3), 14).

Practical checklist for first 12 months:

• Confirm legal status and capture.
• Produce an agency position statement on the Act and post on website.
• Run training sessions and record attendance.
• Draft a consultation protocol and conduct initial consultations for priority programs.
• Review HR policies and document consideration outcomes.
• Produce the first compliance report aligned to funding and/or annual report schedules.
• Create a public summary of the report for transparency.
• Maintain a compliance diary to evidence "practicable measures."

Following these steps aligns agency behaviour with the Act’s obligations, creates documentary proof of compliance, and positions agencies to respond to political and funding pressures that will be the Act’s primary enforcement mechanisms.