Western Australia
Carers Recognition Act 2004
An Act to provide for the recognition of carers by certain persons and bodies, to amend the Disability Services Act 1993 and the Health Services (Conciliation and Review) Act 1995, and for related purposes.
Carers Recognition Act 2004 - This copy is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.
Introduction
The Carers Recognition Act 2004 came into effect on 1 January 2005 and is an important step in supporting the crucial and often difficult and complex role of carers.
The Act is aimed at changing the culture of service providers so that the impact on carers is considered when services are assessed, planned, delivered and reviewed.
A key part of the Act requires service providers to comply with the Western Australian Carers Charter. The Charter provides clear direction on how carers are to be treated and how carers are to be involved in the delivery of services. The Act also establishes the Carers Advisory Council which monitors compliance with the legislation and provides advice to the Government on matters relating to carers.
Background
This legislation was developed in response to calls by carers for greater recognition and consideration by service providers.
In passing the Carers Recognition Act 2004 the Western Australian Government is acknowledging the more than 240,000 carers in Western Australia who provide informal or unpaid care to family members, friends or neighbours. It is the first legislation of its type in Australia, reflecting the prominence which the Western Australian Government gives to supporting carers.
The Minister for Seniors and Volunteering is responsible for the administration of the Carers Recognition Act 2004.
Who is a Carer?
Under this Act a carer is a person who (without being paid) provides ongoing care or assistance to another person who has a disability, a chronic illness or a mental illness, or who is frail.
^ Back up
What does the Carers Recognition Act 2004 mean for Carers?
This legislation
• formally recognises carers as key partners in the delivery of care;
• provides a means for carers to be involved in the assessment, planning, delivery and review of services that impact on them and the caring role; and
• allows carers to make a complaint about how they are treated and involved in decision making processes.
What does the Carers Recognition Act 2004 mean for service providers?
Under the legislation all State Government funded or administered health and disability service providers will have to take all practicable measures to ensure that they comply with the Carers Charter.
This applies to the Department of Health, public hospitals, the Disability Services Commission and the organisations they fund to provide services.
In addition, the Department of Health, public hospitals and the Disability Services Commission must involve carers, (or persons or bodies that represent carers), in any policy or program development, or strategic or operational planning that might affect carers and the role of carers.
These State Government agencies will also have to report annually to the Carers Advisory Council on their performance and obligations under this Act.
Funded organisations will not need to provide a report but will need to demonstrate their compliance with the Carers Charter as part of their contractual obligations to the department funding their services.
^ Back up
The Western Australian Carers Charter
1. Carers must be treated with respect and dignity.
2. The role of carers must be recognised by including carers in the assessment, planning, delivery and review of services that impact on them and the role of carers.
3. The views and needs of carers must be taken into account along with the views, needs and best interests of people receiving care when decisions are made that impact on carers and the role of carers.
4. Complaints made by carers in relation to services that impact on them and the role of carers must be given due attention and consideration.
Complaints
The Carers Recognition Act 2004 amended the Health Services (Conciliation and Review) Act 1995 and the Disability Services Act 1993 to enable carers to make a complaint on their own behalf about a service provider not complying with the Carers Charter.
In the first instance the complaint needs to be made using the service provider’s existing complaints procedures. If a carer feels that the matter has not been resolved in a satisfactory way they may then seek a remedy through the Office of Health Review.
The Office of Health Review can recommend, facilitate or negotiate a range of remedies. These include an explanation or an apology, conciliation, changes to policies and procedures; the refund of costs or financial compensation, access to a service, or referring a matter for disciplinary action to a registration board.
^ Back up
Carers Advisory Council
The Carers Advisory Council is made up of individuals who have knowledge of, and experience in, matters relevant to carers. The members are appointed by the Minister for Seniors and Volunteering in consultation with the Minister for Disability Services and the Minister for Health.
The Council’s functions are to:
• work to advance the interests of carers and promote the Carers Charter;
• report on compliance with the Carers Charter;
• make recommendations to improve compliance with the Carers Charter.;
• provide general advice on matters relating to carers; and
• carry out other functions as directed by the Minister.
Want to know more?
For further information about the Carers Recognition Act 2004 contact
Carers Secretariat,
c/o Office for Seniors Interests and Carers
Level 7, Dumas House, 2 Havelock St
WEST PERTH WA 6005
Tel: (08) 6217 8518
Fax: (08) 9481 3886
Email: carersac@communities.wa,gov.au
^ Back up