Carer Recognition Act 2010 (Cth) Section 5 ‘For the purpose of this Act, a carer is an individual who provides personal care, support and assistance to another individual who needs it because that other individual: (a) has a disability; or (b) has a medical condition (including a terminal or chronic illness); or (c) has a mental illness; or (d) is frail and aged. An individual is not a carer in respect of care, support and assistance he or she provides: (a) under a contract of service or a contract for the provision of services; or (b) in the course of doing voluntary work for a charitable, welfare or community organisation; or (c) as part of the requirements of a course of education or training. (3) To avoid doubt, an individual is not a carer merely because he or she: (a) is the spouse, de facto partner, parent, child or other relative of an Unpaid carers only. Excludes paid carers, volunteer carers and people undertaking training. Does not limit the types of care relationships that may be recognised A person is not a carer on the basis of a relationship or cohabitation only. Section 3 ‘The object of this Act is to increase recognition and awareness of carers and to acknowledge the valuable contribution they make to society.’ Advantages: Encompasses all care relationships. Limitations: Definition does not describe any minimum or intensity of care that may be used to identify carers whose responsibilities impede workforce participation or the accumulation of retirement savings.
individual, or is the guardian of an individual; or (b) with an individual who requires care.’ Disability Discrimination Act 1992 (Cth) Section 9(1) For the purposes of this Act, a carer or assistant, in relation to a person with a disability, is one of the following who provides assistance or services to the person because of the disability: a carer; (b) an assistant; (c) an interpreter; (d) a reader. Section 9 (4) For the purposes of this Act, a person with a disability has a carer or assistant if the person is (a) presently accompanied by the carer or assistant; or (b) was previously accompanied by the carer or assistant; or (c) may be accompanied by the carer or assistant in the future; or (d) is imputed to be accompanied by the carer or assistant. Associate, in relation to a person, includes: (a) a spouse of the person; and (b) another person who is living with the person on a genuine domestic and (c) a Includes both paid and unpaid carers and associates. Section 3 ‘The objects of this Act are: (a) to eliminate, as far as possible, discrimination against persons on the ground of disability in the areas of: (i) work, accommodation, education, access to premises, clubs and sport; and (ii) the provision of goods, facilities, services and land; and (iii) existing laws; and (iv) the administration of Commonwealth laws and programs; and (b) to ensure, as far as practicable, that persons with disabilities have the same rights to equality before the law as the rest of the community; and (c) to promote recognition and acceptance within the community of the principle that persons with disabilities have the same Limitations: Definition does not distinguish between paid and unpaid carers or assistants. Definition does not describe any minimum level or intensity of care that may be used to identify carers whose responsibilities impede workforce participation or accumulation of retirement savings
Sex Discrimination Act 1984 (Cth) Section 7A For the purposes of this Act, an employer discriminates against an employee on the ground of the employee’s family responsibilities if: (a) the employer treats the employee less favourably than the employer treats, or would treat, a person without family responsibilities in circumstances that are the same or not materially different; and (b) the less favourable treatment is by reason of: (i) the family responsibilities of the employee; or (ii) a characteristic that appertains generally to persons with family responsibilities; or (iii) a characteristic that is generally imputed to persons with family responsibilities. Special measures intended to achieve equality (1) A person may take special measures for the purpose of achieving substantive equality between: (a) men and women; or (b) people of different marital status; or Family responsibilities are defined as for children and immediate family members. Section 3 ‘The objects of this Act are: (a) to give effect to certain provisions of the Convention on the Elimination of All Forms of Discrimination Against Women and to provisions of other relevant international instruments; and (b) to eliminate, so far as is possible, discrimination against persons on the ground of sex, marital status, pregnancy or potential pregnancy or breastfeeding in the areas of work, accommodation, education, the provision of goods, facilities and services, the disposal of land, the activities of clubs and the administration of Commonwealth laws and programs; and (ba) to eliminate, so far as possible, discrimination on the ground of family Limitation: As noted by the HREOC submission to the relevant Senate Inquiry there are problems with this definition of carers with the limitation of the definition of care to immediate family members only. It is that this fails to ‘provide protection to workers based on the nature of their responsibilities rather than the more arbitrary nature of their relationship to the person requiring care’. The Commission has recommended that the Human Rights and Anti-Discrimination Bill cover discrimination on the basis of family responsibilities in all areas of public life and that discrimination on the
Fair Work Act 2009 (Cth) Section 65 Definition of care responsibilities for the purposes of flexible work request s ‘Employee may request change in working arrangements (1) An employee who is a parent, or has responsibility for the care, of a child may request the employer for a change in working arrangements to assist the employee to care for the child if the child: (a) is school age; or (b) is under 18 and has a disability. Note: Examples of changes in working arrangements include changes in of work, changes in patterns of work and changes in location of work.’ Section 70 Definition of parent for purposes of unpaid parental leave ‘An employee is entitled to 12 months of unpaid parental if: (a) the leave is associated with: (i) the birth of a child of the employee or the employee’s spouse or de facto partner; or Flexible work: All parents of children up to school age. Parents of children with a disability up to age 18. Parental leave: All parents with responsibility for care of child. (For up to three weeks both parents may have concurrent leave) Section 3 ‘The object of this Act is to provide a balanced framework for cooperative and productive workplace relations that promotes national economic prosperity and social inclusion for all Australians by: (a) providing workplace relations laws that are fair to working Australians, are flexible for businesses, promote productivity and economic growth for Australia’s future economic prosperity and take into account Australia’s international labour obligations; and (b) ensuring a guaranteed safety net of fair, relevant and enforceable minimum terms and conditions through the National Employment Standards, modern awards and national minimum wage orders; and (c) ensuring that the guaranteed safety net of fair, relevant and enforceable minimum Flexible work: Limitation: Fails to recognise other care relationships for adults. Limitation: Does not specify what responsibility for a child means (ie what level of responsibility is required)
requires care or support because of: (a) a personal illness, or personal injury, affecting the member; or (b) an unexpected emergency affecting the member.’ Section 12 immediate family of a national system employee means: ‘(a) a spouse, de facto partner, child, parent, grandparent, grandchild or sibling of the employee; or (b) a child, parent, grandparent, grandchild or sibling of a spouse or de facto partner of the employee.’ Workplace Gender Equality Act 2012(Cth) (replaced the Equal Opportunity for Women in the Workplace Act 1999 (Cth)) Issues of gender equality are defined as including family and caring responsibilities Section 2A Objects of Act ‘The principal objects of this Act are: (a) to promote and improve gender equality (including equal remuneration between women and men) in employment and in the workplace; and (b) to support employers to remove barriers to the full and equal participation of Advantage: The principal objects of the Act explicitly family and caring responsibilities as key components of gender equality. Limitation: No definition of care relationships or level of responsibilities outlined in this Act.
Carer Payment (adult) Carer payment (child) ‘You may be eligible for Carer Payment (caring for a person 16 years or over) if you provide constant daily care in the home of the person you care for and he or she: is aged 16 or more with a severe disability or medical condition or is frail aged, or is aged 16 or more with moderate care needs and has a dependent child who either is under six or is aged 6–16 and eligible for Carer Allowance [1]. The person you care for must also either: receive an income-support payment from Centrelink or from the Department of Veterans’ Affairs[2], be unable to receive an income-support payment from Centrelink or the Department of Veterans’ Affairs because they have not in Australia long enough to be eligible, or meet the care-receiver income and assets tests. You may be eligible for Carer Payment (caring for a child under 16 years) if you provide constant ‘Constant’ care to any or child with a specified level of need for support. Care must be undertaken in the home of the person being cared for. care recipient must receive Department of Veterans Affairs payment or Centrelink income support payment, unless excluded due to residency requirements. Income and assets tested on and care recipient. ‘Carer Payment provides financial support if you are unable to work in substantial paid employment because you are providing full-time daily care to someone with a severe disability or medical condition, or to someone who is frail aged.’ Limitations: Definition of care restricted by strict eligibility requirements relating to level of care need and time spent caring.
Carer Allowance ‘You may receive Carer Allowance (caring for a person 16 years or over) if you: are looking after a person aged 16 or more who has a disability or medical condition or is frail aged and needs additional care and attention on a daily basis and provide the care for that person in either your home or that person’s home. You may receive Carer Allowance for up to two adults in your care. You may receive Carer Allowance (caring for a child under 16 years) if: you look a child with a disability or medical condition who needs additional care and attention on a daily basis or care for two children with disabilities and the children do not individually qualify you for Carer Allowance (child) but together create a substantial caring responsibility and you live with the child (or children) you are caring for.’ No restrictions on care relationships or co-residency. Restrictions based on condition of care recipient subject to medical review. No restrictions relating to income or assets. ‘Carer Allowance is a supplementary payment for parents or carers who provide additional daily care to an adult or dependent child who has a disability or medical condition or is frail aged.’ Advantages: Definition of care not restricted by relationship or income. Definitions includes threshold of care need. Carer Supplement ‘To be eligible for Supplement, you must be in Restrictions as above for carer’s allowance ‘Carer Supplement is an annual lump-sum payment to assist carers with the costs of caring for a As above for Carer Allowance
carer, you may be eligible for Family Tax Benefit Part B.’ Child Care Benefit ‘You may qualify for Child Care Benefit if you meet all of the following: you use approved or registered child care and you are responsible for paying the child-care fees for your child and your child is immunised (or on an immunisation catch-up schedule) or is exempt from the immunisation requirements and you meet the residency requirements and you meet the income test.’ Parental responsibility defined on the basis of financial responsibility for child care fees. Restrictions based on residency and income. Restrictions on number of eligible hours based ‘work, training, study’ test. ‘Child Care Benefit helps cover the cost of child care, including long day care, family day care, occasional day care, outside school hours care, vacation care, pre-school, and kindergarten. It may also help cover the cost of child care provided by grandparents, relatives, friends or nannies.’ Definition of parent based on financial responsibility, not care responsibility. Child Care Rebate ‘You may be eligible for Child Care Rebate if: you use a Child Care child-care service and you are eligible for Care Benefit and you and your partner meet the 'work, training, study test' or are exempt from it.’ Parental responsibility defined on the basis of financial responsibility for child care fees. Restrictions based on residency and income. Care Rebate is paid in addition to Child Care Benefit and covers 50 per cent of out-of-pocket child-care expenses, up to a maximum amount per child per year.’ Definition of parent based on financial responsibility, not care responsibility.
Primary carers (Survey of Disability, Ageing and Home care) ‘A primary is a person who provides the most informal assistance, in terms of help or supervision, to a person with one or more disabilities. The assistance has to be ongoing, or likely to be ongoing, for at least six months and be provided for one or more of the core activities (communication, mobility and In this survey, primary carers only include persons aged 15 years and over for whom a personal interview was conducted. Persons aged 15 to 17 years were only interviewed personally if parental permission was granted.’ All types of relationship included. No co-residency or income restrictions. Restrictions on severity of care need and main responsibility for care and duration of care. Restriction to one primary per care recipient. Restrictions based on severity of care need and main responsibility for care and duration of care Does not define an amount of time or intensity of care but does define the duration of care required. Carer (Survey of Disability, Ageing and Home care) ‘A person of any age who provides any informal assistance, in terms of help or supervision, to persons with disabilities or long-term conditions or persons who are elderly (i.e. aged 60 years or over). This assistance has to be ongoing, or likely to be ongoing, for at least six months. Assistance to a person in a different household relates to 'everyday types of activities', without specific information on the activities. Where the care recipient lives in the same household, the All types of relationship included. No co-residency or income restrictions. Restrictions based on types of tasks, support is provided for and duration of care. Restrictions on of support given, but fairly broad inclusions. Does not define an amount of time or intensity of care but does define the duration of care required. care).
Integrated Approach: Survey employees with caring responsibilities Advice from a specialist consultancy Evaluation of existing workplace mechanisms Carer Strategy Carer Policy Carer Register to identify and assist employees with caring responsibilities Carer strategy- monitored, evaluated and updated. Leadership Commitment: Dedicated position to focus on advocacy and programs for working carers Senior business champions to awareness of the carers strategy Internal and external advocacy for support for carers Flexible Work Schedules: Compressed work weeks Flex-time Cross-trained employees Reduced Work Hours: Part-time work Job-sharing Voluntary reduced time Phased retirement and return to work Leave: Paid family leave Paid leave Personal time (earned time) Extended unpaid leave as required Work Location: Work from home Work in the same location as the person requiring care Education and Training: Education seminars tailored to employee Awareness-raising via emails, publications, research partnerships Training programs/modules to awareness and to increase the capacity of managers to support carers Training programs/modules for carers – face-to-face, CD Information resources Toolkit for employees with caring responsibilities Toolkit for managers On-line caring resources and community Corporate libraries Newsletters, guides, factsheets Networks and Forums: Employee Carers Network Annual carer’s conference for employees Employee assistance programs: Individual counselling Family counselling Wellness programs Support groups Crisis intervention Direct Services: Carers Assessment Professional advice and information Referral services Partnerships with community groups or organisations Access to health services Resources for long distance carers Back-up or emergency care Before/after school and vacation care On-site facilities: Child care centre Adult day centre Transport services Cash and Subsidies: Cash or payment for costs related to caring work Subsidies, monthly allowances, vouchers, discounts for care Interest free loans Tax and Insurance: Dependent care tax credit Insurance products and benefits Tax-related incentives and benefits Note: Data in the was compiled by the Australian Human Rights Commission, based on information reproduced from the Eurofound database and various reports and internet sources. line,
developed and implemented in consultation with employees’ representatives, managers, OHS experts and the carers themselves. Eircom (Ireland) has initiatives focus on the broad range of carer needs that apply to employees, including those who care for disabled or sick children and adults, as well as elderly relatives. Carer support initiatives are managed in an integrated manner across the organisation Edward Szczeklik Specialist Hospital (Poland). Support measures are financed by the hospital’s Employee Social Benefit Fund (ZFŚS). General Local Health Insurance Fund – AOK Hessen (Germany) ‘Profession and Care Service’ initiative information for carers, including lists of nursing homes, social welfare entitlements, and available supports General Local Health Insurance Fund – AOK Hessen (Germany) Has a training module comprising five parts – need of care/types of care, financial and legal issues, dementia, the recognition and treatment of depression in old age, and practical support in everyday care. BT (UK) offers a toolkit of support for working carers which includes: a ‘carer’s passport’ describes the nature of the caring responsibilities and adjustments that the individual might need to make; factsheets provide guidance on practical tasks relating to caring, such as where to apply for carer’s allowances. BT carers’ network has over 200 members and runs a ‘knowledge call’ – employees for a ‘sudden need’ of relatives, due to an accident, disease, or care requirements. The Diversity Management Unit provides consulting services, with a view to assisting the process of developing individual solutions for private care. For intermediation, an external company is contracted to help employees find specific care facilities, when the need arises. 5 Boroughs Partnership Trust (UK) a ‘Carer's assessment’ gathers information about each employees’ specific responsibilities and any gaps in their benefits. Centrica (UK) provides a confidential helpline available to all employees and, specifically for carers, advice is provided on financial assistance and support. Family members can also use the helpline. Counselling for carers can
comprises four of services for carers – information, consultation, intermediation, and training. BT (UK) ‘Helping You Care’ outlines the policy and approach to supporting employees who are carers. 5 Boroughs Partnership Trust (UK) The ‘Carers Inside Out’ policy. teleconference for carers to find out what works for them in their working life; 5 Boroughs Partnership Trust (UK) conducts staff training events for carers; developing a ‘carers’ champion’ initiative – rolling programme of workshops focusing on carers’ issues and work with other agencies to support local carers’ strategies. Westpac Group (Australia) - has developed a number of toolkits including a Working Parents Toolkit, an Eldercare Kit and a Flex-E Toolkit, which provide information on the Group’s policies and available services in the community. also be made available through their line manager. Eircom (Ireland) an EAP support service provides advice and guidance to employees and their families. Note: Data in the was compiled by the Australian Human Rights Commission, based on information reproduced from the Eurofound database and various reports and internet sources.