Carers Recognition (Miscellaneous) Amendment Bill

Introduction and First Reading

The Hon. N.F. COOK (Hurtle Vale—Minister for Human Services, Minister for Seniors and Ageing Well) (16:04): Obtained leave and introduced a bill for an act to amend the Carers Recognition Act 2005 and to make related amendments to the Criminal Law Consolidation Act 1935, the Evidence Act 1929 and the Intervention Orders (Prevention of Abuse) Act 2009. Read a first time.

Second Reading

The Hon. N.F. COOK (Hurtle Vale—Minister for Human Services, Minister for Seniors and Ageing Well) (16:05): I move:

That this bill be now read a second time.

As this week we are celebrating National Carers Week, I am pleased to rise today to introduce the Carers Recognition (Miscellaneous) Amendment Bill 2025. The bill amends the Carers Recognition Act 2005. The Carers Recognition Act was first introduced in 2005 to recognise and support carers, while also encouraging compliance of applicable organisations with the obligations under the act and the Carers Charter. The Carers Charter is a set of non-binding principles regarding carers for applicable organisations to follow.

In 2024, the Department of Human Services completed a review of the Carers Recognition Act, while the commonwealth completed an inquiry into carers recognition and released the National Carer Strategy 2024-2034. Over 2,000 carers had their voices heard across these pieces of work and we have utilised the breadth of these consultations in drafting this bill.

The bill will align the Carers Recognition Act with the National Carer Strategy, to promote national consistency in how carers are defined, recognised and supported by governments. The bill will see this act become the first carers recognition legislation in Australia to align with the national strategy.

There are estimated to be 236,600 carers in South Australia, comprising 13 per cent of the state's population. The demand for unpaid care across Australia is expected to grow by 23 per cent between 2020 and 2030. However, the growth in the number of carers taking on a caring role is not expected to keep pace (16 per cent), leading to an increase in carer gap in the future.

It is vital that legislation recognising carers is kept up to date and ensures the best possible recognition for carers. The bill amends the act to:

broaden and clarify the definition of 'carer';

broaden the scope of the act's obligations and reporting requirements;

introduce a requirement for the act to be reviewed every five years; and

contemporise the Carers Charter.

The amendments will:

broaden the scope of the act, which currently only applies to seven public sector agencies, so that it applies to all public sector agencies that must comply with its obligations and reporting requirements;

include a definition of 'carer' that focuses on defining when a care relationship exists, which has been found to be more inclusive of the diversity of caring roles and makes it easier for carers to self-identify;

remove the requirement for care to be ongoing;

include explicit mention of 'medical condition', 'terminal illness' and 'dementia', as well as when care is provided for someone experiencing alcohol or other drug dependence;

replace the term 'mental illness' with the broader term of 'mental ill health', which includes both diagnosed mental illness and mental health factors which may predispose a person to developing a mental illness, including experiences of trauma and suicidality;

clarify the exclusion surrounding those caring in a voluntary capacity to specify the exclusion does not apply to approved carers within the meaning of the Children and Young People (Safety) Act 2017, as these carers are not excluded from the act;

remove section 5(3), which was an explanatory clause that commonly confused carers and other stakeholders who took it for an exclusionary clause;

clarify that 'relevant services' for the purpose of the act are those that are provided specifically to carers and the people they care for, as opposed to services that are provided to carers incidentally;

simplify the language surrounding the existing obligations the act places on applicable organisations, and includes the obligation for an applicable organisation to ensure their internal human resource policies have due regard to the Carers Charter;

introduce a requirement for the act to be reviewed every five years, to ensure it remains effective and responsive to the needs of carers;

introduce a new contemporary Carers Charter which reflects the National Carers Strategy and its focus areas and which provides explicit recognition of informal kinship carers, sibling carers and Aboriginal collective kinship care relationships and other carers who have previously felt unrecognised by the legislation; and

make consequential amendments to three acts that fall within the Attorney-General's portfolio to ensure the above changes to the requirement for care to be ongoing do not impact those pieces of legislation.

The amendments made by this bill have been subject to wideranging consultation. During the review period, the Department of Human Services reached out to 30 non-government stakeholders who contributed to the first review, or were otherwise identified as being interested parties, and 95 public sector agencies, leaders and carer policy teams of other commonwealth, state and territory jurisdictions.

The bill will contemporise the Carers Recognition Act and work alongside the National Carers Strategy to improve the recognition and support of carers and support the ever-changing landscape of caring relationships.

Thank you to the many carers and stakeholder organisations as well as workers in the Department of Human Services who have shared their experiences and contributed to this important legislation. I commend the bill to the house and seek leave to have the detailed explanation of clauses inserted in Hansard without my reading it.

Leave granted.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

These clauses are formal.

Part 2—Amendment of Carers Recognition Act 2005

3—Amendment of section 3—Objects

This clause amends section 3 of the Act to reflect that the Act will now apply to public sector agencies.

4—Amendment of section 4—Interpretation

This clause makes various amendments to definitions used throughout the Act. The definition of applicable organisation is altered to reflect that the Act will now apply to all public sector agencies (with the exemption of Ministers and chief executives of administrative units), and any person or body which provides relevant services under a contract with a public sector agency. A new definition of care relationship is inserted, which points to the amended section 5. A new definition of disability is inserted, which refers to the definition given by the Disability Inclusion Act 2018. The definition of relevant services is amended to include policies, programs or services which are specifically directed at carers and the persons they care for. The definitions of domestic partner, reporting organisation and spouse are deleted as they are no longer terms used in the Act.

5—Substitution of section 5

Section 5 of the Act is proposed to be substituted as follows:

5—Meaning of care relationship and carer

Proposed section 5 establishes the concept of a care relationship for the purposes of the Act. A care relationship exists where one person (the carer) provides personal care, support or assistance to another person for any of the reasons listed. Provision is also made for circumstances that do not constitute a care relationship.

6—Substitution of section 6

Section 6 of the Act is proposed to be substituted as follows:

6—Obligations of applicable organisation in relation to Carers Charter

Proposed section 6 requires applicable organisations to take all practicable measures to ensure that its agents and employees are aware of and understand the Carers Charter, and that they, and the organisation generally, take action to reflect the principles of the charter when providing relevant services. It requires that an applicable organisation's internal policies are developed with due regard to the Charter where those policies may impact an employee's caring role, and requires that an applicable organisation consult with carers, or bodies that represent carers, when developing or evaluating relevant services.

7—Amendment of section 7—Reporting by reporting organisation

This clause amends section 7 such that all public sector agencies other than Ministers and chief executives of administrative units will be required to report on their compliance or noncompliance with the obligations imposed by section 6.

8—Substitution of section 9

Section 9 of the Act is proposed to be substituted as follows:

9—Review of Act

Proposed section 9 requires the Minister to cause a review of the operation of the Act and the Carers Charter to be conducted, and a report on the review prepared and submitted to the Minister, after the section has been in operation for 5 years and then each 5 years thereafter. A copy of a report submitted to the Minister under the section must be laid before both Houses of Parliament within 12 sitting days after the Minister receives it.

9—Substitution of Schedule 1—South Australian Carers Charter

This clause deletes Schedule 1 of the Act and replaces it as follows:

Schedule 1—South Australian Carers Charter

Proposed Schedule 1 outlines the updated South Australian Carers Charter.

Schedule 1—Related Amendments

Part 1—Amendment of Criminal Law Consolidation Act 1935

1—Amendment of section 5AA—Aggravated offences

This clause is consequential to the amendment of section 5 of the Carers Recognition Act 2005 made by the measure.

2—Amendment of section 20A—Choking, suffocation or strangulation in a domestic setting

This clause is consequential to the amendment of section 5 of the Carers Recognition Act 2005 made by the measure.

Part 2—Amendment of Evidence Act 1929

3—Amendment of section 34U—Interpretation

This clause is consequential to the amendment of section 5 of the Carers Recognition Act 2005 made by the measure.

Part 3—Amendment of Intervention Orders (Prevention of Abuse) Act 2009

4—Amendment of section 8—Meaning of abuse—domestic and non-domestic

This clause is consequential to the amendment of section 5 of the Carers Recognition Act 2005 made by the measure.

Debate adjourned on motion of Mr Teague.