2006

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

2006

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

An Act to amend laws in relation to carers, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the Carers Recognition Legislation Amendment Act 2006.

This Act commences on a day fixed by the Minister by written notice.

Note 1 The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

Note 2 A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).

Note 3 If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).

This part amends the Discrimination Act 1991.

(i) the person who provides or proposes to provide the accommodation, or a near relative or carer of the person, lives and intends to continue to live on the premises; and

(ii) the accommodation provided in the premises is for not more than 6 people, not including the person mentioned in subparagraph (i) and any near relative or carer of the person; or

carer—a person is a carer of someone else (the dependant) if—

(a) the dependant is dependent on the person for ongoing care and assistance; and

(b) the person cares for the dependant otherwise than because of—

(i) a commercial arrangement; or

(ii) an arrangement that is substantially commercial.

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’.

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

This part amends the Guardianship and Management of Property Act 1991.

(3) Before making a decision, the decision-maker must consult with each carer of the protected person.

(4) However, the decision-maker must not consult with a carer if the consultation would, in the decision-maker’s opinion, adversely affect the protected person’s interests.

(5) Subsection (3) does not limit the consultation that the decision-maker may carry out.

In this Act:

carer—a person is a carer of someone else (the dependant) if—

(a) the dependant is dependent on the person for ongoing care and assistance; and

(b) the person cares for the dependant otherwise than because of—

(i) a commercial arrangement; or

(ii) an arrangement that is substantially commercial.

Ms S suffers from a severe brain injury because of a car accident and requires constant care. Her spouse, 2 children aged 18 and 11 and a family friend share her care and would each be a ‘carer’.

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(4) For subsection (3), the matters the tribunal must take into account include—

(a) the views and wishes of the person (the protected person) for whom a guardian or manager is to be appointed; and

(b) the desirability of preserving existing relationships with family and any other carers; and

(c) whether the proposed guardian or manager is compatible with the protected person; and

(d) whether the proposed guardian or manager lives in the ACT; and

(e) whether the proposed guardian or manager will be available and accessible to the protected person; and

(f) the nature of the functions to be exercised under the order and whether the proposed guardian or manager is competent to exercise them; and

(g) whether the interests and duties of the proposed guardian or manager are likely to conflict with the protected person’s interests to the detriment of the protected person’s interests.

(see s 5)

(see s 4)

(ca) if the person has a carer who would not otherwise be given written notice of the inquiry under this section—the carer; and

Mr B has dementia and requires constant care. Mr B’s brother (and guardian), his niece and a close family friend share his care. Each person must be given notice of an inquiry in relation to a matter affecting Mr B.

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

carer—see section 6.

decision-making principles—see section 4.

impaired decision-making ability, for a person—see section 5.

interests, of a person—see section 5A.

This part amends the Human Rights Commission Act 2005.

(b) an agent of the aggrieved person; or

(d) if a person has guardianship or control of the affairs of the aggrieved person under another law or an order of a court or tribunal—that person; or

(2A) To remove any doubt, a carer may make a complaint as an agent of the aggrieved person under subsection (1) (b) even though the carer is under a legal disability (for example, if a child is a carer of the aggrieved person, the child may make a complaint as an agent of the person).

an aggrieved person

the aggrieved person

Presentation speech made in the Legislative Assembly on 2006.

Notified under the Legislation Act on 2006.

For the latest republication of amended laws, see www.legislation.act.gov.au.