Why is it important to confirm with a supervisor the role of the carer in their family members life

12.11.2013

Table of Contents Show

Principles relating to carers
Principles relating to the person being cared for
Principles relating to the care relationship
Accessing the health records of someone you care for
Raising concerns about services
Getting legal advice and assistance
Where to get help

108. Family, carers and other informal supporters play a central role in caring for, and supporting, people with disability in Australia. Their involvement affects the ability of people with disability to access and engage with a range of systems and services, as well as more broadly, their ability to exercise legal capacity.

109. There are a number of legal and policy frameworks which recognise the important role of people in caring and supporting roles in the lives of people with disability.[112] At a Commonwealth level, there is a National Carer Recognition Framework which encompasses the Carer Recognition Act 2010 (Cth) and the National Carer Strategy.[113] The Carer Recognition Act aims to increase recognition and awareness of the role carers play in providing daily care and support to people with disability.[114] The Act includes a definition of carer, establishes the Statement for Australia’s Carers, outlines different parties’ responsibilities in respect of the Statement and sets up reporting and consultation arrangements for certain Australian Public Service agencies.[115] The National Carer Strategy gives effect to the Carer Recognition Act and complements the NDS.[116] It contains six priority areas for action and is supported by an implementation plan and annual progress reports.[117]

110. Family members, carers and other supporters are involved across a range of aspects of the daily life of people with disability. Their involvement in the context of decision-making varies depending on the nature of the person’s disability and the decision, and may range from informal support, to appointment as a nominee for the purposes of Centrelink or the NDIS, or formal appointment as a guardian or administrator. In the course of this Inquiry it will be necessary to consider the appropriate mechanisms for recognising, and if necessary regulating, these roles.

111. It will also be important to recognise the challenges faced by family, carers and supporters of people with disability. Such challenges may include: access to information, services and supports; financial difficulties; barriers to participation in education, training and employment; and the social and emotional difficulties that may arise from caring for a person with disability.[118]

112. As a result, the ALRC is interested in stakeholder comments on how the role of family, carers and other supporters of people with disability should be recognised in law.

Question 5. How should the role of family members, carers and others in supporting people with disability to exercise legal capacity be recognised by Commonwealth laws and legal frameworks?

A carer should be respected and recognised as a person with their own needs, as a carer and as someone with special knowledge of the person they care for.
Carers should be recognised for their efforts and the contribution they make to the community because of their care role. Both carers and the people they care for should always have their views and needs considered.
Carers can only access someone else’s medical records if they are their authorised representative.
It’s important to support care relationships, for the health and wellbeing of both the carer and the person being cared for.

No matter what level of care you provide and the type of care relationship you are in, you have rights. Respect, consideration, recognition and support are some of the principles that guide how government departments, local councils and government-funded services work with carers and the people the care for.

In July 2012, the Victorian Government introduced legislation to recognise, promote and value the role of carers. The Carers Recognition Act 2012 formally acknowledges the role of carers and the importance of care relationships in the Victorian community.

The Act includes a set of principles about the significance of care relationships and the obligations state government agencies, local councils and other organisations have when interacting people in care relationships.

Principles relating to carers

The principles relating to carers include that a carer should:

be respected and recognised
- as an individual with their own needs
- as a carer
- as someone with special knowledge of the person in their care
be supported as an individual and as a carer, including during changes to the care relationship
be recognised for their efforts and dedication as a carer and for the social and economic contribution to the community that comes from their role as a carer
if appropriate, have their views and cultural identity taken into account, together with the views, cultural identity, needs and best interests of the person they care for, in matters relating to the care relationship, including when decisions are made that impact on the carer and the care relationship
have their social wellbeing and health recognised in matters relating to the care relationship
have considered when deciding to become a carer the effect that the caring role would have on their participation in employment and education.

Principles relating to the person being cared for

The principles relating to people being care for state that a person being cared for should:

be respected, recognised and supported as an individual and as a person in a care relationship, including when the care relationship changes.
have their views and needs taken into account.
have their changing needs considered when taking into account how they are cared for.

Principles relating to the care relationship

Principles relating to care relationships specify that a person in a care relationship should:

have their care relationship respected and honoured
if appropriate, have their views considered in the assessment, planning, delivery, management and review of services affecting them and the care relationship.

Accessing the health records of someone you care for

You only have the right to access someone else’s health and medical records if you are their authorised representative. For someone under 18 years of age, this is a parent or guardian. For someone over 18, this is either someone legally authorised to act on the person’s behalf, or an otherwise appropriate person such as a spouse, partner or friend.

To become an authorised representative for someone under 18, you need to prove your identity and your relationship to the person. Some of the ways you can prove your relationship is by showing a Medicare card with your name and the young person’s name on it, their birth certificate showing you as their parent, or a court order.

Raising concerns about services

If you have concerns about the services you deal with, the best place to start is to speak directly with the staff at these services.

It may be useful to use the Carers Recognition Act 2012 to guide your discussion. Some organisations have their own dedicated complaints procedures that they will ask you to follow. Most hospitals have a patient liaison officer who will be able to guide you through the process.

If you get stuck or need help working through the complaints process, there are a number of organisations providing advocacy and mediation services that can help you voice your concerns.

Getting legal advice and assistance

If you have concerns that your rights as a carer or the rights of the person you care for have been violated, you may need to seek legal advice or assistance.

The Dispute Settlement Centre of Victoria (DSCV) is a free dispute resolution service that the Victorian Government funds. DSCV provides free, practical strategies and mediation services.

The Federation of Community Legal Centres offers information on free legal services in several areas including information, referral and advice.

Victoria Legal Aid offers free legal advice to Victorians.

Where to get help

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