Carers' rights and legislation
Carer's Recognition Act
The South Australian Carers Recognition Act 2005 acknowledges the valuable role of carers in supporting those they care for within the community. The Act requires the state government to be aware of carers' needs and provide services that reflect the Act and principles of the Carers Charter.
Carers must be consulted in the planning, delivery and review of government and government-funded services that impact on carers.
The Act is administered by the Department of Human Services.
SA Carers Charter
The SA Carers Charter is a schedule of the Act and sets out the principles that must guide services for carers:
- Carers have choices within their caring role.
- Carers' health and wellbeing is critical to the community.
- Carers play a critical role in maintaining the fabric of society.
- Service providers work in partnership with carers.
- Carers in Aboriginal and Torres Strait Islander communities need specific consideration.
- All children and young people have the right to enjoy life and reach their potential.
- Resources are available to provide timely, appropriate and adequate assistance to carers.
How does the Act help me?
The Act aims to ensure carers have the same rights, choices and opportunities as other South Australians. The Act recognises the importance of carers' health and wellbeing and that carers need to be consulted in decisions and planning that affect them.
Who is not covered by the Act?
The Act does not cover people who are employed to care for someone, or who provide care as volunteers in community organisations. A carer of a child placed in care under the Children's Protection Act 1993 or similar act is only considered a carer if the child has a disability, chronic or mental illness.
What does the Act require the state government to do?
Relevant SA Government departments and the organisations they fund are required to demonstrate an awareness of the Act and reflect the principles of the Carers Charter with services they provide. The Act requires service providers to consult with carers or their representatives when developing or delivering services. Relevant SA Government departments are obligated to report against the requirements of the Act annually.
SA Equal Opportunity Act 1984
The South Australian Equal Opportunity Act 1984 sets out your rights and responsibilities to treat people as equals.
Among other things, the Act makes it unlawful for anyone to be treated unfairly because of caring responsibilities or to set requirements that are difficult for carers to meet and are unreasonable.
What are my rights as a working carer?
The South Australian Equal Opportunity Act 1984 makes it unlawful for anyone to be treated unfairly because of caring responsibilities, or for requirements to be set that are especially difficult for carers to meet and are unreasonable. For more information, contact the South Australian Equal Opportunity Commission on 8207 1977 or 1800 188 163 or visit the EOC website.
Disability Discrimination Act 1992
If you are a carer of a person with a disability, you may be covered by the Disability Discrimination Act 1992 as an 'associate'.
The Disability Discrimination Act 1992 addresses discrimination in the areas of:
- work, accommodation, education, access to premises, clubs and sports
- the provision of goods, facilities, services and land
- existing laws
- the administration of Commonwealth laws and programs.
On this site
Translated information is available in a number of languages, including Arabic, Chinese, Greek, Italian, Persian and Vietnamese.
For other languages, call the Translating and Interpreting Service (TIS) on 13 14 50. The agency or person who calls TIS is responsible for paying for the service.