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Australian Capital Territory
Carers Recognition Act 2021
A2021-34
Republication No 1
Effective: 10 June 2022
Republication date: 10 June 2022
Act not amended
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Carers Recognition Act 2021 (including any amendment made under
the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 10 June 2022. It also
includes any commencement, repeal or expiry affecting this republished law.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the
symbol M appears immediately before the provision heading. The text of the modifying
provision appears in the endnotes. For the legal status of modifications, see the Legislation
Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an
individual and $810 for a corporation (see Legislation Act 2001, s 133).
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contents 1
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Australian Capital Territory
Carers Recognition Act 2021
Contents
Page
Part 1 Preliminary
1 Name of Act 2
3 Dictionary 2
4 Notes 2
Part 2 Objects and important concepts
5 Objects of Act 3
6 Meaning of care relationship 3
7 Meaning of care and carer support agency 5
Part 3 Care relationship principles
8 Care relationship principles—treatment of carers 6
9 Care relationship principles—treatment of people receiving care 8
Contents
Page
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Part 4 Obligations relating to care relationship
principles
10 Obligations of care and carer support agencies relating to care
relationship principles 9
11 Reporting obligations of care and carer support agencies 10
Part 5 Miscellaneous
12 Legal rights not affected 11
13 Inconsistency with other territory laws 11
14 Regulation-making power 11
15 Review of Act 11
Dictionary 12
Endnotes
1 About the endnotes 15
2 Abbreviation key 15
3 Legislation history 16
4 Amendment history 17
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Australian Capital Territory
Carers Recognition Act 2021
An Act to provide for the recognition of carers, and for other purposes
Part 1 Preliminary
Section 1
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Part 1 Preliminary
1 Name of Act
This Act is the Carers Recognition Act 2021.
3 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms used in this
Act, and includes references (signpost definitions) to other terms defined
elsewhere in this Act.
For example, the signpost definition ‘care and carer support agency—
see section 7.’ means that the term ‘care and carer support agency’ is
defined in that section.
Note 2 A definition in the dictionary (including a signpost definition) applies to
the entire Act unless the definition, or another provision of the Act,
provides otherwise or the contrary intention otherwise appears (see
Legislation Act, s 155 and s 156 (1)).
4 Notes
A note included in this Act is explanatory and is not part of this Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Objects and important concepts Part 2
Section 5
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Part 2 Objects and important concepts
5 Objects of Act
The objects of this Act are to—
(a) recognise, promote and value carers and care relationships; and
(b) recognise the different needs of people in care relationships; and
(c) recognise that care relationships benefit the people in those
relationships and the community; and
(d) enact care relationship principles relating to the treatment of
people in care relationships; and
(e) establish requirements for care and carer support agencies to
uphold and report on compliance with the care relationship
principles.
6 Meaning of care relationship
(1) For this Act, a person is in a care relationship with another person if
the first person (the carer) provides care to the other person for 1 or
more of the following reasons:
(a) the other person has a disability;
(b) the other person has a mental disorder or mental illness;
(c) the other person has an ongoing medical condition;
Examples—ongoing medical condition
1 a terminal or chronic illness
2 chronic pain
3 dementia
(d) the other person is aged and frail;
Part 2 Objects and important concepts
Section 6
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(e) the other person is a child or young person, and the carer is a
kinship carer or a foster carer for the child or young person.
Example—carer
Ms W suffers from multiple sclerosis and requires constant care. Her spouse and
3 children aged 21, 16 and 11 share her care and would each be a ‘carer’.
(2) A regulation may prescribe a relationship to be a care relationship.
(3) A person is not in a care relationship with another person only
because either or both of the following apply:
(a) the first person is a domestic partner, parent, child or other
relative of the other person;
(b) the first person lives with the other person.
(4) Also, a person is not in a care relationship with another person if the
first person provides care to the other person—
(a) under a contract of service or a contract for the provision of
services; or
(b) as a volunteer for a charitable, welfare or community
organisation, other than an approved kinship and foster care
organisation; or
(c) as part of a course of education or training.
(5) A carer in a care relationship may include a person receiving financial
assistance from the Territory or the Commonwealth government
(however described) in relation to carrying out their role as a carer.
(6) In this section:
approved kinship and foster care organisation—see the Children
and Young People Act 2008, section 502.
disability—see the Disability Discrimination Act 1992 (Cwlth),
section 4 (1).
Objects and important concepts Part 2
Section 7
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foster carer, for a child or young person—see the Children and
Young People Act 2008, section 518 (2).
kinship carer, for a child or young person—see the Children and
Young People Act 2008, section 516 (2).
mental disorder—see the Mental Health Act 2015, section 9.
mental illness—see the Mental Health Act 2015, section 10.
7 Meaning of care and carer support agency
For this Act:
care and carer support agency means any of the following entities:
(a) a public sector support agency;
(b) a funded support agency;
(c) a secondary funded support agency;
(d) an entity prescribed by regulation.
Note Public sector support agency, funded support agency and secondary
funded support agency—see the dictionary.
Part 3 Care relationship principles
Section 8
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Part 3 Care relationship principles
8 Care relationship principles—treatment of carers
(1) A carer should—
(a) be respected and recognised as—
(i) an individual with their own needs; and
(ii) a carer; and
(iii) someone with knowledge of the person receiving care; and
(b) be supported as an individual and as a carer, including during
changes to the care relationship; and
(c) be recognised for their efforts and dedication, and for the social
and economic contribution they make to the community, as a
carer; and
(d) if appropriate, have their views and cultural identity taken into
account, together with the views, cultural identity, needs and
interests of the person receiving care, in matters relating to the
care relationship; and
(e) have their social wellbeing and health recognised in matters
relating to the care relationship; and
(f) have the effect of their role as a carer on their participation in
employment and education recognised and considered in
decision-making; and
(g) be provided with support that is timely, responsive, appropriate,
respectful and accessible; and
Care relationship principles Part 3
Section 8
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(h) if the carer is receiving support services from a care and carer
support agency in relation to the care relationship—
(i) be made aware of the care relationship principles by the
care and carer support agency; and
(ii) have their views considered in the assessment, planning,
delivery, management and review of support services,
programs or policies relating to the carer and the care
relationship; and
(i) if the carer is a child or young person—
(i) be supported to reach their full potential; and
(ii) be provided with appropriate support services that take into
account the specific needs of children and young people;
and
(j) if the carer is an Aboriginal or Torres Strait Islander person—be
provided with culturally appropriate support services that take
into account the history, health and wellbeing of the person and
the person’s extended family and community; and
(k) if the carer is an LGBTIQ+ person—be provided with
appropriate support services that take into account the specific
and unique needs of LGBTIQ+ people; and
(l) if the carer is culturally and linguistically diverse—be provided
with appropriate support services that take into account the
specific and unique needs of culturally and linguistically diverse
people; and
(m) if the carer is a person with disability—be provided with
appropriate support services that take into account the specific
and unique needs of people with disability.
Note A carer may have 1 or more of the characteristics mentioned in pars (i)
to (m).
Part 3 Care relationship principles
Section 9
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(2) In this section:
Aboriginal or Torres Strait Islander person means a person who—
(a) is a descendant of an Aboriginal person or a Torres Strait
Islander person; and
(b) identifies as an Aboriginal person or a Torres Strait Islander
person; and
(c) is accepted as an Aboriginal person or a Torres Strait Islander
person by an Aboriginal community or Torres Strait Islander
community.
9 Care relationship principles—treatment of people
receiving care
A person receiving care in a care relationship should have their rights
as an individual recognised and realised.
Obligations relating to care relationship principles Part 4
Section 10
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Part 4 Obligations relating to care
relationship principles
10 Obligations of care and carer support agencies relating to
care relationship principles
(1) A care and carer support agency must take all practicable measures
to ensure that—
(a) the following people are aware of, and understand, the care
relationship principles:
(i) the agency’s employees and agents;
(ii) people in a care relationship who are receiving support
services from the agency in relation to the care
relationship; and
(b) the agency and its employees and agents uphold the care
relationship principles in assessing, planning, delivering,
managing or reviewing support services, programs and policies
in relation to people in care relationships.
(2) In addition, a care and carer support agency must—
(a) when planning or reviewing support services and programs in
relation to people in care relationships provided by the agency—
consult with—
(i) carers receiving support services from the agency; and
(ii) an entity representing carers; and
(b) when developing the agency’s internal human resources
policies—consider the care relationship principles in relation to
employees who are carers.
(3) To remove any doubt, this section does not require a care and carer
support agency to provide financial assistance or services to people
in care relationships.
Part 4 Obligations relating to care relationship principles
Section 11
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11 Reporting obligations of care and carer support agencies
(1) A care and carer support agency must, in each reporting year for the
agency, prepare a report on the agency’s compliance with its
obligations under section 10.
(2) The care and care support agency must—
(a) if the agency is a public sector support agency—include the
report in the agency’s annual report for the year; or
(b) if the agency is a funded support agency—
(i) include the report in any reporting document required
under the agency’s arrangement with the public sector
support agency that funds the agency; and
(ii) make the report publicly available; or
(c) if the agency is a secondary funded support agency—consider
making the report publicly available.
Example—publicly available
published on the agency’s website
(3) The report must include any information prescribed by regulation.
(4) In this section:
annual report, for a public sector support agency—see the Annual
Reports (Government Agencies) Act 2004, dictionary
reporting year—
(a) for a public sector support agency—see the Annual Reports
(Government Agencies) Act 2004, dictionary; and
(b) for a funded support agency or secondary funded support
agency—means a financial year.
Miscellaneous Part 5
Section 12
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Part 5 Miscellaneous
12 Legal rights not affected
The Legislative Assembly does not intend by this Act to create in any
person any legal right or give rise to any civil cause of action.
13 Inconsistency with other territory laws
If a provision in this Act (other than section 11) is inconsistent with a
provision in any other territory law, the provision in the other territory
law prevails to the extent of the inconsistency.
14 Regulation-making power
The Executive may make regulations for this Act.
15 Review of Act
(1) The Minister must, as soon as practicable after the end of this Act’s
5th year of operation—
(a) review the operation and effectiveness of the Act; and
(b) present a report of the review to the Legislative Assembly.
Note A reference to an Act includes a reference to any statutory instrument
made or in force under the Act (see Legislation Act, s 104).
(2) This section expires 6 years after the day it commences.
Dictionary
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Dictionary
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• administrative unit
• domestic partner (see s 169 (1))
• entity
• Executive
• Minister (see s 162)
• parent
• public sector member
• public service
• territory instrumentality
• territory law
• the Territory.
care means ongoing support, assistance or personal care.
care and carer support agency—see section 7.
care relationship—see section 6.
care relationship principles means the principles set out in part 3.
carer—see section 6 (1).
child—see the Children and Young People Act 2008, section 11.
funded support agency means an entity that is—
(a) funded by a public sector support agency; and
(b) responsible for providing a support service or program that
directly impacts on people in care relationships.
Dictionary
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personal care means—
(a) assistance with 1 or more of the following:
(i) bathing, showering or personal hygiene;
(ii) toileting;
(iii) dressing or undressing;
(iv) eating meals;
(v) communicating; or
(b) for a person with mobility problems—physical assistance; or
(c) assistance for people who are mobile but require some form of
supervision or assistance; or
(d) assistance or supervision in administering medicine; or
(e) the provision of substantial emotional support.
public sector entity means the following:
(a) the public service;
(b) an entity that employs public sector members that is—
(i) owned or operated by the Territory; or
(ii) a territory instrumentality;
(c) an entity prescribed by regulation.
Examples
1 Canberra Health Services
2 Transport Canberra
public sector support agency means a public sector entity that is
responsible for the assessment, planning, delivery, management and
review of support services, programs or policies in relation to people
in care relationships.
Dictionary
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secondary funded support agency means an entity contracted or
funded by a funded support agency to provide a support service or
program for which the funded support agency has responsibility.
young person—see the Children and Young People Act 2008,
section 12.
Endnotes
About the endnotes 1
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
3 Legislation history
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3 Legislation history
Carers Recognition Act 2021 A2021-34
notified LR 10 December 2021
s 1, s 2 commenced 10 December 2021 (LA s 75 (1))
s 16 commenced 10 December 2021 (s 2 (2))
remainder commenced 10 June 2022 (s 2 (1) and LA s 79)