2006
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Attorney-General)
Carers Recognition Legislation Amendment Bill 2006

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
Part 2	Discrimination Act 1991
	3	Legislation amended—pt 2	3
	4	Domestic accommodation etc
Section 26 (1) (a) (i) and (ii)	3
	5	Dictionary, definition of carer	3
Part 3	Guardianship and Management of Property Act 1991
	6	Legislation amended—pt 3	5
	7	What are a person’s interests?
Section 4	5
	8	Principles to be followed by decision-makers
Section 5 (3) and (4)	5
	9	Section 5	5
	10	When does someone have impaired decision-making ability?
Section 6	5
	11	New section 6	6
	12	Considerations affecting appointment
Section 10 (4)	6
	13	Powers to be least restrictive
Section 11, note	7
	14	Notice of inquiry
New section 35 (1) (ca)	7
	15	Section 35 (1), new example	8
	16	Dictionary, new definition of carer	8
	17	Dictionary, definition of decision-making principles	8
	18	Dictionary, definition of impaired decision-making ability	8
	19	Dictionary, new definition of interests	8
	20	Dictionary, definition of primary carer	8
Part 4	Human Rights Commission Act 2005
	21	Legislation amended—pt 4	9
	22	Who may make a complaint under this Act?
Section 43 (1) (b)	9
	23	Section 43 (1) (d)	9
	24	New section 43 (2A)	9
	25	Section 43 (3) and (4)	10

2006
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Attorney-General)
Carers Recognition Legislation Amendment Bill 2006

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

    

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

Part 1	Preliminary
1	Name of Act
This Act is the Carers Recognition Legislation Amendment Act 2006.
2	Commencement
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).

Part 2	Discrimination Act 1991
3	Legislation amended—pt 2
This part amends the Discrimination Act 1991.
4	Domestic accommodation etc
Section 26 (1) (a) (i) and (ii)
substitute
	(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
5	Dictionary, definition of carer
substitute
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.
Example of a carer
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).

Part 3	Guardianship and Management of Property Act 1991
6	Legislation amended—pt 3
This part amends the Guardianship and Management of Property Act 1991.
7	What are a person’s interests?
Section 4
relocate as section 5A
8	Principles to be followed by decision-makers
Section 5 (3) and (4)
substitute
	(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.
9	Section 5
renumber as section 4
10	When does someone have impaired decision-making ability?
Section 6
renumber as section 5
11	New section 6
in part 1A, insert
6	Meaning of carer
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.
Example of a carer
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).
12	Considerations affecting appointment
Section 10 (4)
substitute
	(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.
13	Powers to be least restrictive
Section 11, note
omit
(see s 5)
substitute
(see s 4)
14	Notice of inquiry
New section 35 (1) (ca)
insert
	(ca)	if the person has a carer who would not otherwise be given written notice of the inquiry under this section—the carer; and
15	Section 35 (1), new example
insert
Example of people who must be given notice of inquiry
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).
16	Dictionary, new definition of carer
insert
carer—see section 6.
17	Dictionary, definition of decision-making principles
substitute
decision-making principles—see section 4.
18	Dictionary, definition of impaired decision-making ability
substitute
impaired decision-making ability, for a person—see section 5.
19	Dictionary, new definition of interests
insert
interests, of a person—see section 5A.
20	Dictionary, definition of primary carer
omit

Part 4	Human Rights Commission Act 2005
21	Legislation amended—pt 4
This part amends the Human Rights Commission Act 2005.
22	Who may make a complaint under this Act?
Section 43 (1) (b)
substitute
	(b)	an agent of the aggrieved person; or
23	Section 43 (1) (d)
substitute
	(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
24	New section 43 (2A)
insert
	(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).
25	Section 43 (3) and (4)
omit
an aggrieved person
substitute
the aggrieved person

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on	2006.
2	Notification
	Notified under the Legislation Act on	2006.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2006