The Auditor-General found the Carers Recognition Act 2021 has not been implemented effectively across ACT Government directorates and agencies. Photo: Claire Fenwicke.
Carers ACT has called for carers to be embedded in the system rather than “treated as an afterthought”, after an audit found the legislation to do so never had a full plan to implement it correctly.
The Auditor-General recently completed a performance audit of the Carers Recognition Act’s implementation, finding that the Health and Community Services Directorate (HCSD) didn’t develop a plan to implement the act and hadn’t effectively provided support to government agencies and stakeholders through education or training.
“By not effectively planning for, supporting or managing implementation, there is an increased risk that the act is not implemented effectively and carers are not recognised or supported in the manner intended by the act,” the report stated.
Carers ACT CEO Cain Beckett said the legislation was an “important and valuable tool” and it needed to be actioned properly.
“This report confirms there is still more work to do to ensure the intent of the act is realised in everyday service delivery,” he said.
“The act is clear that carers have a right to be recognised, meaningfully supported, and included in decisions that affect them, and this is not consistently happening.
“That is why effective implementation is so important.”
It’s estimated that about 10 per cent of the ACT population identify as carers. That is, someone who provides care to another person who has a disability, has a mental disorder or mental illness, an ongoing medical condition, is aged or frail and/or is a child or young person in kinship or foster care.
The Carers Recognition Act 2021 came into effect on 10 June 2022.
It aimed to recognise, promote and value carers, recognise their needs, and enact “care relationship principles” (which relate to the respectful treatment of carers).
But it was not clear which agencies or directorates had to abide by its obligations, including reporting obligations.
An information sheet sent to agencies on 4 April 2022 stated the legislation applied to “care and carer support agencies”, rather than explicitly identifying whether (or which) ACT Government agencies had reporting responsibilities.
“The onus was on agencies to identify whether they had reporting obligations,” the report noted.
The former Community Services Directorate sought advice on 21 April, 2022, asking which agencies were required by the act to report and consult, and what matters needed to be addressed.
The response from the Policy and Service Design team said entities that provided “universal services” (such as Transport and ACT Policing) were unlikely to be regarded as care or carer support agencies.
The confusion about which agencies needed to comply with the act came up again at a Chief Operating Officers meeting on 24 May 2022.
“The act has a sound and positive approach but is unclear as a legal document,” meeting talking points noted.
“It is particularly unclear about what organisations have responsibilities and obligations.”
An executive brief from 27 May 2022 advised agencies to self-determine whether they had obligations under the act.
But this was contradicted by then-Assistant Families and Community Services Minister Emma Davidson, who told the Legislative Assembly on 9 June 2022 that the act was a “whole-of-government and a whole-of-community responsibility”.
She then confirmed, on 30 March 2023, in response to a question on notice, that all ACT Government directorates were considered to be care and carer support agencies.
In an email sent on 19 May 2025, directorates were told they’re all responsible under the act.
“The ACT Government has a shared responsibility for upholding the care relationship principles,” the email outlined.
“Even if a directorate does not deliver carer support, it should still aim to promote and uphold the carer relationship principles for its own staff who are carers.”
Carers ACT acknowledged some organisations and agencies had taken steps to embed the act within their own policies and frameworks, noting these examples demonstrated what was possible with the right approach and commitment.
“This is not about the act itself. Even the best legislation cannot deliver its intended benefits unless it is embedded in practice,” Mr Beckett said.
A Carers ACT statement called for a clear, whole-of-government implementation framework with defined responsibilities, timelines and accountability measures for the act, along with consistent training and practical guidance for all agencies.
“Carers must be embedded in the system, not treated as an afterthought. This reflects the act’s focus on recognising and including carers,” it stated.
“Without these changes, carers will continue to experience inconsistent recognition and support across the system, despite the protections set out in legislation.”
The Health and Community Services Directorate responded to the report, stating that it had already implemented, or was implementing, several of the findings.
“More broadly, HCSD continues to work collaboratively with carers and the community sector to implement the vision of the ACT Carers Strategy of a community that cares for carers and the people they care for,” it stated.
A statutory review of the act is required by June 2028.
Original Article published by Claire Fenwicke on Region Canberra.
