LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

MINISTER FOR FAMILY AND COMMUNITY SERVICES

CARERS RECOGNITION BILL 2006
SERIAL NO. 54

EXPLANATORY STATEMENT

GENERAL OUTLINE

This Bill proposes new legislation in the Northern Territory.  

The purpose of the Bill is to: 
·	acknowledge and recognise the role of carers as a critical partner in the caring role of the community; 
·	provide a definition of a carer and a defintion of a person who is not a carer; 
·	provide a legislative mechanism for the involvement of carers in the provision of services that impact on carers and their caring role; 
·	outline agencies/organisations obligations to carers, and their responsibility to comply with the Act including the Northern Territory Carers Charter; and
·	provide a mechanism to report on compliance with the Act and the Carers Charter.

NOTES ON CLAUSES

PART 1 - PRELIMINARY MATTERS

Clause 1.	Short Title

The Bill when passed may be cited as the Carers Recognition Act 2006.

Clause 2.	Commencement

This Act commences on the date fixed by the Administrator by notice in the Gazette.

Clause 3.	Objects of Act

Defines the objects of the act which are:
·	to recognise the role of carers in the community; and
·	to provide for the reporting by organisations of the action taken to reflect the principles of the Carers Charter in providing relevant services.

Clause 4.	Definitions

Defines the following terms for the purpose of the act:
·	applicable organisation;
·	carer;
·	Carers Charter;
·	relevant services; and
·	reporting organisation.

Clause 5.	Who is a carer

Defines a carer and defines a person who is not a carer.

PART 2 - COMPLIANCE WITH CARERS CHARTER

Clause 6.	Obligations of applicable organisations relating to Carers Charter

This clause states the obligations of applicable organisations in relation to the Carers Charter.

Clause 7.	Report by reporting organisation

This clause outlines how reporting organsations are to report each financial year on their performance, compliance and non-compliance of the Act including the Carers Charter.

PART 3 - MISCELLANEOUS MATTERS

Clause 8.	Regulations

Allows for the making of regulations by the Administrator.

Clause 9.	Review of Act

Provides that the operation and effectiveness of this Act must be reviewed within five years of its commencement and a copy of the report of the review to be tabled in the Legislative Assembly.

PART 4 - CONSEQUENTIAL AMENDMENTS

Clause 10.	Act amended

This Part amends the Health and Community Services Complaint Act.

Clause 11.			Amendment of Section 4 (Interpretation)

Amends section 4(1) to insert in alphabetical order, ‘applicable organisation’ to have the same meaning as in the Carers Recognition Act and ‘Carers Charter’ to have the same meaning as in the Carers Recognition Act.

Clause 12.		Amendment of section 5 (Reasonableness of provider’s actions)

Amends section 5(1)(a) to (c), at the end, to insert the word ‘and’.

Amends section 5(1)(e), by inserting ‘the Carers Charter’ to ensure the Commissioner has regard to the Carers Charter when determining whether or not a provider has acted reasonably in providing a health service or community service. 

Clause 13.			Amendment of section 23 (Basis of complaint)

Amends section 23 by inserting after section 23(1)(j): “(k) that an applicable organisation failed to comply with the Carers Charter”. This amendment allows for a complaint to be made on the basis that an applicable organisation has failed to comply with the Carers Charter within the Carers Recognition Act. 

Clause 14.			Expiry

This clause allows for this part to expire the day after the new Act commences.

Schedule.

Gives effect to the schedule entitled “Northern Territory Carers Charter” which complements the Carers Recognition Act and outlines eight key principles that applicable organisations must action in a practical way in respect to carers.