5. Meaning of “carer”

(1) Except as provided in subsection (2), a person is a carer for the purposes of this Act if he or she is an individual who provides ongoing care or assistance to —
 (a) a person with a disability as defined in the Disability Services Act 1993 section 3;
 (b) a person who has a chronic illness, including a mental illness as defined in the Mental Health Act 1996 section 3;
 (c) a person who, because of frailty, requires assistance with carrying out everyday tasks; or
 (d) a person of a prescribed class.

 (2) However a person is not a carer if he or she —
 (a) provides the care or assistance under a contract for services (other than an agreement entered into under the Disability Services Act 1993 section 25) or a contract of service; or
 (b) provides the care or assistance while doing community work as defined in the Volunteers (Protection from Liability) Act 2002 section 3(1).

 (3) A person is not a carer for the purposes of this Act only because —
 (a) the person is a spouse, de facto partner, parent or guardian of the person to whom the care or assistance is being provided; or
 (b) the person provides care to a child under an arrangement with the chief executive officer of the department principally assisting the Minister administering the Child Welfare Act 1947 in the administration of that Act.