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CARERS RECOGNITION BILL

The Hon. J.W. WEATHERILL (Minister for Families and Communities) obtained leave and introduced a bill for an act to provide for the recognition of carers, and for other purposes. Read a first time.

The Hon. J.W. WEATHERILL: I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

The SPEAKER: Is leave granted?

The Hon. I.P. Lewis: No.

The SPEAKER: Leave is not granted. The minister.

The Hon. J.W. WEATHERILL: The background to carer relationships in the report is as follows. The South Australian carers policy, charter, and now the Carers Recognition Bill, will address the situation of nearly 250 000 carers in South Australian who provide care and support in their role as mothers, fathers, husbands, wives, partners, children, brothers, sisters, aunts, uncles, cousins, friends and neighbours. People who care do so out of love, despite considerable impact on their own health and wellbeing. There are many positive and rewarding aspects of caring. However, the difficult aspects of caring need to be acknowledged. These aspects can depend on the emotional, financial and other resources of an individual carer and their families, the amount of care they need to provide and the level of support they receive from the wider community and service provid­ers.

Research has shown that, depending on the circumstances, carers tend to have higher levels of stress and anxiety than non-carers, difficulties with work and study, restricted social and recreational opportunities, and feelings of grief, resent­ment and great emotional upheaval from the caring situation. Carers have been affected by changing social patterns and demographic changes that have occurred in recent decades. Policies of community-based living also have increased the caring responsibilities for families. Our longevity has also increased, and therefore many people will need considerably more care because of prolonged ill-health or disability. Women continue to comprise the majority of carers, despite their expanded role in society.

Carers in South Australia, irrespective of their back­ground, report common experiences from caring responsibili­ties. However, for particular groups of carers, there may be additional stresses because of young age, difficulties access­ing support because of cultural barriers or geographical remoteness, financial pressures or their own ill-health. Carers enable the cared-for person to remain within the family and community to which they belong. They provide an enormous cost saving, which current research estimates that carers save the Australian community $18.3 billion per year for adult care alone. Those figures come from the Australian Institute of Health and Welfare, 2001.

The rationale for the Carers Recognition Bill is as follows. The Carers Recognition Bill will give further effect to the commitment made by the government in its 2002 election platform to recognise the important role of carers in South Australia. Commitment was given to `Ensure that carers have access to support and advocacy for themselves in their role as carers.' That is a quote from page 52 of our platform. The Carers Recognition Bill will also progress the South Australia Strategic Plan, objective 2: `Improve Wellbeing', where the priorities are to focus on further improving our quality of life and the wellbeing of the community and individual citizens.

The Carers Recognition Bill will assist in the achieve­ment of targets 2.1 (quality of life) and 2.2 (improved wellbeing), and would be considered to have a positive influence on 2.4 (psychological distress). Carers policies have been completed in the Australian Capital Territory, Queensland and Western Australia. Carers recognition legislation has been enacted in Western Australia and is being considered in the ACT. The United Kingdom adopted carer assessment legislation in 2000. The South Australian carers policy provides a broad overview of the needs of carers in many caring situations and will provide direction to government departments in the provision of services to many people who are carers.

The South Australian carers charter is intended for use by service providers to ensure that carers are included as an integral component of their work in supporting the cared for person's health and wellbeing. The charter consists of seven stand-alone principles which are described in detail in the South Australian carers policy. Carers recognition legislation will ensure that the role of carers is affirmed within the South Australian community and provide a formal mechanism for their involvement in the provision of services that affect them as carers. The objects of the legislation are to recognise and support carers and their role in the community; and to provide for the reporting by organisations of the action taken to reflect the principles of the carers charter in the provision of services relevant to carers and the persons they care for.

The Carers Recognition Bill will provide a mechanism to ensure the implementation of the South Australian carers charter and the reporting of compliance by government departments within their annual reporting. The bill also proposes that a review of the act will be undertaken as soon as possible after the fifth anniversary of its commencement. The time frame of five years has been chosen to provide sufficient time for implementation by agencies. The bill provides the power to make regulations as contemplated by this act, or as necessary or expedient for the purposes of the act.

In relation to consultation, the Carers Recognition Bill has built on to the previous consultation process in relation to the development of the South Australian carers policy and charter. A carers ministerial advisory committee provided advice on the issues facing carers during the development of the policy and charter and were consulted in relation to the bill.

A carers reference group will be convened by the Depart­ment for Families and Communities to provide a mechanism for ongoing communication about the issues facing carers. This reference group will include carers and representatives of carers associations, as well as government and non-government agencies. In summary, the response of govern­ment in the development of the South Australian carers policy, charter and now the Carers Recognition Bill is due to the increasing awareness of the contribution made by carers, the impact of caring and the issues faced by carers. The Carers Recognition Bill provides legislation which recognises and focuses on carers in their own right, and provides support for carers and their caring role. I commend the bill to members. I seek leave to have the explanation of the clauses inserted in Hansard without my reading it.

Leave granted.

Explanation of Clauses

1—Short title

2—Commencement

Clauses 1 and 2 are formal.

3—Objects

Clause 3 provides that the objects of this measure are to recognise and support carers and their role in the community and to provide for the reporting by organisations of the action taken to reflect the principles of the Carers Charter.

4—Interpretation

Clause 4 defines various terms used in this measure. In particular, an applicable organisation means

(a) a reporting organisation; or

(b) a person or body providing relevant services under a contract with a reporting organisation (other than a contract of employment); or

(c) any other person or body declared by regulation to be an applicable organisation,

and a reporting organisation means

(d) a public service administrative unit within the meaning of the Public Sector Management Act 1995 that provides relevant services; or

(e) any other person or body declared by regulation to be a reporting organisation.

5—Meaning of carer

Clause 5 determines who will be a carer for the purposes of this measure. It provides that a person is a carer if that person provides ongoing care and assistance to a person who has a disability, a chronic illness or who, because of frailty, requires assistance with the carrying out of everyday tasks. However, a person is not a carer if the person provides the care or assistance under a contract for services or a contract of service or in the course of doing community work.

6—Obligations of applicable organisations relating to Carers Charter

Clause 6 imposes obligations on applicable organisations. Such organisations must ensure an awareness and understand­ing of the Carers Charter and reflect the principles of the Charter in the provision of their services. An applicable organisation that is a public sector agency must consult carers or representatives of carers in policy development and strategic planning relevant to carers and the people they care for.

7—Reporting by reporting organisation

Clause 7 provides that reporting organisations must include in their annual report a report on the organisation's compli­ance with their obligations under clause 6 of this measure and the compliance of any person or body that provides relevant services under a contract with the organisation.

8—Regulations

Clause 8 provides that the Governor may make regulations for the purposes of this measure.

9—Review of Act

Clause 9 states that the Minister must carry out a review of the Act as soon as practicable after the fifth anniversary of its commencement.

Schedule 1—South Australian Carers Charter

The Schedule sets out the South Australian Carers Charter. It provides the following:

1—Carers have choices within their caring role

(1) Carers should have the same rights, choices and opportunities as other South Australians.

(2) Carers should be supported by individuals, families, business and community organisations, public institutions and all levels of government in the choices they make in their caring role.

2—Carers health and well-being is critical to the community

(1) Carers are entitled to enjoy optimum health, social, spiritual and economic well-being and to participate in family, social and community life, employment and educa­tion.

(2) Carers should be supported to balance their caring role with their own needs.

3—Carers play a critical role in maintaining the fabric of society

(1) Carers should be recognised and valued for their important contribution to the well-being of the Australian community.

(2) Carers should be recognised for their unique experi­ence and knowledge in the caring role.

4—Service providers work in partnership with carers

(1) Caring is a social and public responsibility shared by individuals, families, business and community organisations, public institutions and all levels of government.

(2) Carers should be recognised as individuals with their own needs, within and beyond the caring situations.

(3) The relationship between a carer and the person they care for needs to be respected and honoured.

(4) 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.

(5) 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.

5—Carers in Aboriginal and Torres Strait Islander communities need specific consideration

(1) Aboriginal and Torres Strait Islander carers should be specifically identified and supported within and outside their communities.

(2) Aboriginal and Torres Strait Islander carers should be supported by business and community organisations, public institutions and all levels of government.

(3) Aboriginal and Torres Strait Islander carers should be provided with culturally appropriate support services that take into account the history, health and well-being of their extended families.

6—All children and young people have the right to enjoy life and reach their potential

(1) Children and young people who are carers should be specifically identified and supported by individuals, business and community organisations, public institutions and all levels of government.

(2) The special needs of children and young people who are carers and the unique barriers to their access to service provision should be recognised and acted on so that, as far as possible, they have the same opportunities as other children and young people in Australia.

(3) The caring responsibilities of children and young people who are carers should be minimised.

7—Resources are available to provide timely, appropriate and adequate assistance to carers

(1) Carers need access to a wide range of responsive, affordable services to ensure informed decision making and support for them in their caring situation.

(2) Carers from culturally and linguistically diverse backgrounds may have complex needs that require appropri­ate service delivery.

(3) Carers in rural and remote communities have barriers to service provision.

The Hon. I.F. EVANS secured the adjournment of the debate.