Carers Recognition Act 2004 - Part 3 - Sections 8 - 20
Part 3 — Carers Advisory Council
Division 1 — Establishment and functions
8. Carers Advisory Council established
(1) The Minister is to appoint no more than 10 persons who have knowledge of, and experience in, matters relevant to carers to be the members of a body called the Carers Advisory Council.
(2) In appointing the members the Minister is to ensure that they are chosen so as to reflect the interests of carers.
(3) Before appointing a person under subsection (1), the Minister is to consult with — (a) the Minister administering the Disability Services Act 1993; and
(b) the Minister administering the Hospitals and Health Services Act 1927.
9. Functions of the Council
(1) The functions of the Council are —
(a) to work to advance the interests of carers and promote compliance by applicable organisations with the Carers Charter;
(b) to make recommendations to the Minister on fostering compliance by applicable organisations with the Carers Charter;
(c) to provide general advice to the Minister on matters relating to carers; and
(d) to carry out other functions as directed by the Minister.
(2) The Council may, in writing, request a reporting organisation to provide any information relevant to the exercise of the Council’s functions.
(3) A reporting organisation must, as far as practicable, comply with a request under subsection (2) unless the organisation is expressly prohibited from doing so under another written law.
10. Reports to the Minister
(1) As soon as practicable in each year, and whenever directed by the Minister to do so, the Council must prepare and deliver to the Minister a report on —
(a) the performance by reporting organisations of their obligations under this Act;
(b) compliance or non compliance by reporting organisations with this Act; and
(c) compliance or non compliance by reporting organisations with the Carers Charter, during the year which ended on the preceding 30 June.
(2) The report must include —
(a) details on the compliance or non compliance with section 6 (2) by reporting organisations that are public sector bodies; and
(b) any other information prescribed by the regulations.
(3) The Minister must cause the report received under subsection (1) to be laid before each House of Parliament within 14 sitting days of that House after the Minister receives it.
11. Powers, generally The Council has all the powers it needs to perform its functions.
12. Minister may give directions
(1) The Minister may give written directions to the Council with respect to the performance of its functions, either generally or in relation to a particular matter, and the Council is to give effect to any such direction.
(2) The Minister must cause the text of any direction given under subsection (1) to be laid before each House of Parliament, or dealt with under subsection (3), within 14 days after the direction is given.
(3) If —
(a) at the commencement of the period referred to in subsection (2) a House of Parliament is not sitting; and
(b) the Minister is of the opinion that that House will not sit during that period, the Minister is to transmit a copy of the direction to the Clerk of that House.
(4) A copy of a direction transmitted to the Clerk of a House is to be regarded as having been laid before that House.
(5) The laying of a copy of a direction that is regarded as having occurred under subsection (4) is to be recorded in the Minutes, or Votes and Proceedings, of the House on the first sitting day of the House after the Clerk received the copy.
(6) The text of a direction given under subsection (1) is to be included in the annual report submitted by the accountable officer of the department under the Financial Administration and Audit Act 1985 section 62.
(7) In subsection (6) — “department” means the department principally assisting the Minister in the administration of this Act.
13. Minister to have access to information
(1) In this section — “document” includes any tape, disk or other device or medium on which information is recorded or stored mechanically, photographically, electronically or otherwise; “information” means information specified, or of a description specified, by the Minister that relates to the functions of the Council.
(2) The Minister is entitled —
(a) to have information in the possession of the Council; and
(b) if the information is in or on a document, to have, and make and retain copies of, that document.
(3) For the purposes of subsection (2) the Minister may —
(a) request the Council to furnish information to the Minister;and
(b) request the Council to give the Minister access to information.
(4) The Council has to comply with a request under subsection (3). Division 2 — Ancillary and procedural matters
14. Term of office
(1) The term for which a person is appointed to be a member of the Council is to be fixed in the instrument of appointment and is to be not longer than 2 years.
(2) A person’s eligibility for reappointment or the term for which a person may be reappointed is not affected by an earlier appointment.
15. Casual vacancy
(1) A member of the Council may at any time resign from office by notice in writing delivered to the Minister.
(2) The Minister may terminate the appointment of a member —
(a) if, in the opinion of the Minister, the member is unable, through illness or absence from the State, to perform the functions of the office;
(b) if, in the opinion of the Minister, the member misbehaves, neglects his or her duties, is incompetent or has ceased to be a person who would be eligible to be appointed to the office if it were to become vacant;
(c) if the member is an insolvent under administration, as that term is defined in the Corporations Act 2001 of the Commonwealth;
(d) if the member is absent, without leave and without reasonable excuse, from 3 consecutive meetings of the Council of which the member has had notice; or
(e) for any other act or omission that in the opinion of the Minister may adversely affect the functioning of the Council.
(3) If, before the term of office for which a person was appointed as a member of the Council expires, the person dies, resigns, or is removed from office, the office becomes vacant.
16. Chairman
(1) The Minister is to appoint one of the members of the Council to be the chairman.
(2) The Council is to elect one member to be the deputy chairman.
(3) The deputy chairman is to perform the functions of the chairman when the chairman is unable to do so by reason of illness, absence or other cause, or when the office of chairman is vacant.
17. Remuneration and allowances
Members of the Council are entitled to any remuneration and allowances that the Minister may from time to time determine on the recommendation of the Minister for Public Sector Management.
18. Presiding at meetings
(1) The chairman, if present, is to preside at a meeting of the Council.
(2) If the chairman is not presiding under subsection (1), the members present at the meeting are to appoint one of their number to preside.
19. Procedure at meetings
Except as otherwise stated in this Act, the Council is to determine its own meeting procedures.
20. Minutes
The Council is to cause accurate minutes to be kept of the proceedings at its meetings.