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CARERS RECOGNITION BILL 2004
Introduction and First Reading

Bill introduced, on motion by Ms S.M. McHale (Minister for Community Development, Women’s Interests, Seniors and Youth), and read a first time.
Explanatory memorandum presented by the minister.

Second Reading

MS S.M. McHALE (Thornlie - Minister for Community Development, Women’s Interests, Seniors and Youth) [10.13 am]: I move -

That the Bill be now read a second time.

There are more than 200 000 carers in Western Australia who provide informal or unpaid care to family members, friends or neighbours. Carers provide practical assistance to the frail aged, people with disabilities and people with a mental or chronic illness. There are a number of reasons why informal carers take up the role. These include family or kinship ties, affection, lack of appropriate alternative care arrangements or the desire of the person being cared for to receive care from someone they know.
Extensive consultations have consistently identified that the major issues for carers are a lack of recognition and consideration by service providers. In responding to these consultations, this Government made an election commitment to introduce legislation that provides formal recognition for informal carers and highlights their need for services and support. Carers seek and need more involvement in care planning and decisions that have an impact on them and the caring role. The Carers Association of Western Australia has said there is a need for a cultural change in service delivery to recognise carers and their needs. The Government agrees. The Carers Recognition Bill has been developed as part of its commitment to meet the needs of carers.

The purpose of the Bill is to formally recognise carers as partners in the provision of care for the frail, the chronically ill and persons with a disability, and to reflect this formal recognition by requiring key organisations to comply with a Carers Charter. The charter provides clear direction on how carers are to be treated and how carers are to be involved in the delivery of services. The Carers Charter will ensure that applicable organisations involve carers in decisions about the provision of care and services, and consult with them on issues that will have an impact on the carer and the caring role.

The Bill is in two parts: the first part provides a definition of a “carer” and enshrines the Western Australian Carers Charter in legislation. Organisations as defined will be required to comply with the Carers Charter. They will need to demonstrate that they treat carers with respect and dignity, and ensure that carers are informed of and engaged in the assessment, planning, delivery and review of services that are provided to the person for whom they care. If the person for whom they care is able to make decisions for himself or herself, applicable organisations will need to consider the views and wishes of carers alongside the views and wishes of the person receiving care and services. If the person receiving care has a decision-making disability, the views and wishes of the carers must be taken into account along with the best interests of the person receiving care and services. In this way, the carer is included in decisions that have an impact on their lives and their role as carers. The Carers Charter will also ensure that carers have access to complaint mechanisms and that they are able to complain on their own behalf.

The Bill requires applicable organisations that are public sector bodies to involve carers, or organisations that represent carers, in policy and program development, and strategic and operational planning, to ensure the role of carers and the impact of caring is taken into account when decisions are made. For example, this could be achieved through consultation or representation on committees or decision-making bodies. Applicable organisations required to comply with the Carers Charter are the Department of Health, public hospitals, the Disability Services Commission and the funded services of these two key agencies. These organisations have been identified as those that have the greatest impact upon carers

The Bill provides that the Department of Health and the Disability Services Commission report annually to the minister responsible for the administration of the Act on compliance with the Carers Charter. Funded organisations will not need to provide a report to the minister, but will need to demonstrate their compliance with the charter as part of their contractual obligations to the department funding their services.

The Bill provides for the establishment of a Carers Advisory Council which will receive and assess the annual compliance reports and prepare a report for the minister to present to both Houses of Parliament. The council will also provide advice on general issues relating to carers. The Bill also enables and strengthens carers’ access to existing complaint mechanisms. In some cases carers are already able to make complaints on behalf of the person for whom they care. However, this Bill will make it quite clear that carers are able to make a complaint on their own behalf against the Carers Charter. To achieve this, in the second part of the Bill amendments will be made to the Health Services (Conciliation and Review) Act 1995 and the Disability Services Act 1993 to provide carers with access to departmental complaint mechanisms and those provided by the Office of Health Review.

To ensure the Bill remains relevant and effective, it includes a requirement that is reviewed in three years time so that if necessary the legislation can be amended and strengthened to ensure it continues to respond to the needs of carers.

This legislation is the first of its type in Australia, and it reflects the prominence that this Government gives to acknowledging and supporting carers. I wish to thank and to acknowledge the role of Carers WA in the construction of this Bill, the support it has given to this Government and, more importantly, the support it has given to the 200 000 carers who work and care for the many people with disabilities and chronic illness. I also acknowledge the work of Hon Ljiljanna Ravlich in the development of this Bill. I commend the Carers Recognition Bill 2004 to the House.

Debate adjourned, on motion by Mr J.L. Bradshaw.

[Quorum formed.]