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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland Seniors Recognition (Grandparents Providing Care) Bill 2010
Queensland Seniors Recognition (Grandparents Providing Care) Bill 2010 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Main objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7 The Grandparent Carers Charter . . . . . . . . . . . . . . . . . . . . . . . . . 5 Part 2 Decisions affecting grandparents providing care 8 Meaning of relevant decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 9 Decision-maker must consider the charter. . . . . . . . . . . . . . . . . . 6 10 Decision-maker must consult with representative bodies. . . . . . . 6 Part 3 Carers Advisory Council 11 Administration by council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Part 4 Miscellaneous 12 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Schedule 1 The Grandparent Carers Charter . . . . . . . . . . . . . . . . . . . . . . . 8 Schedule 2 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
2010 A Bill for An Act to provide for the recognition of grandparents providing full-time care to their grandchildren and to ensure their interests are considered when making decisions that impact on their ability to care for their grandchildren
Seniors Recognition (Grandparents Providing Care) Bill 2010 Part 1 Preliminary [s 1] The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 1 Short title 3 This Act may be cited as the Seniors Recognition 4 (Grandparents Providing Care) Act 2010. 5 2 Commencement 6 This Act commences on a day to be fixed by proclamation. 7 3 Dictionary 8 The dictionary in schedule 2 defines particular words used in 9 this Act. 10 4 Act binds all persons 11 (1) This Act binds all persons including the State and, as far as 12 the legislative power of Parliament permits, the 13 Commonwealth and all other States. 14 (2) Subsection (1) does not make the State, the Commonwealth or 15 another State liable for an offence. 16 5 Main objects of Act 17 The main objects of this Act are-- 18 (a) to recognise the valuable contribution of a grandparent 19 providing full-time care to his or her grandchild because 20 a parent-- 21 (i) has impaired capacity; or 22 Page 4
Seniors Recognition (Grandparents Providing Care) Bill 2010 Part 2 Decisions affecting grandparents providing care [s 6] (ii) would likely cause an unreasonable risk to the 1 child's health or welfare without support; or 2 (iii) is otherwise not willing or able to provide full-time 3 care; and 4 (b) to provide a mechanism for the interests of grandparents 5 providing full-time care to be considered in decisions 6 about the provision of services that impact on their 7 grandchildren or their ability to continue to provide 8 full-time care to their grandchildren. 9 6 Interpretation 10 In interpreting a provision of this Act or another Act, a 11 construction that would promote the Grandparent Carers 12 Charter is to be preferred to a construction that would not 13 promote the Grandparent Carers Charter. 14 7 The Grandparent Carers Charter 15 The Grandparent Carers Charter (the charter) is set out in 16 schedule 1. 17 Part 2 Decisions affecting 18 grandparents providing care 19 8 Meaning of relevant decision 20 For this part, a relevant decision is a decision that may-- 21 (a) affect children who receive full-time care from a 22 grandparent; or 23 (b) affect the ability of a grandparent to continue to provide 24 full-time care to a grandchild. 25 Page 5
Seniors Recognition (Grandparents Providing Care) Bill 2010 Part 3 Carers Advisory Council [s 9] 9 Decision-maker must consider the charter 1 (1) A decision-maker making a relevant decision must ensure that 2 the decision is consistent with the principles of the charter. 3 (2) An employee of a decision-maker involved in a multi-staged 4 decision-making process relating to a relevant decision must 5 ensure his or her actions are consistent with the principles of 6 the charter. 7 (3) An office of a decision-maker must ensure that the office has a 8 program for providing training and awareness of the charter to 9 its employees. 10 10 Decision-maker must consult with representative bodies 11 (1) Before making a relevant decision, a decision-maker must-- 12 (a) issue a notice to representative senior carers bodies-- 13 (i) outlining details of the relevant decision; and 14 (ii) inviting the representative senior carers bodies to 15 make submissions on the relevant decision within a 16 stated time at least 20 business days after the notice 17 was issued; and 18 (b) consider any submissions received within the time 19 stated in the notice. 20 (2) In this section-- 21 representative senior carers bodies means community groups 22 prescribed under a regulation. 23 Part 3 Carers Advisory Council 24 11 Administration by council 25 The council must-- 26 Page 6
Seniors Recognition (Grandparents Providing Care) Bill 2010 Part 4 Miscellaneous [s 12] (a) work to advance the interests of grandparents who 1 provide full-time care to their grandchildren; and 2 (b) promote compliance by decision-makers with the 3 charter; and 4 (c) make recommendations to the Minister on enhancing 5 compliance by decision-makers with the charter. 6 Part 4 Miscellaneous 7 12 Regulation-making power 8 The Governor in Council may make regulations under this 9 Act. 10 Page 7
Seniors Recognition (Grandparents Providing Care) Bill 2010 Schedule 1 Schedule 1 The Grandparent Carers 1 Charter 2 section 7 3 Because-- 4 the Parliament recognises that grandparents who provide 5 accommodation and care for their grandchildren make a 6 significant contribution to the lives of their grandchildren and 7 deserve respect and support for their roles as full-time carers; 8 this Act establishes the following Grandparent Carers 9 Charter-- 10 1 The State recognises the effort and dedication of 11 grandparents in our community and the vital community 12 service they perform. 13 2 The State recognises that grandparents who provide 14 full-time care to their grandchildren are primary care 15 givers and deserve the same rights as other primary care 16 givers. 17 3 The relationship between grandparent and grandchild 18 should be honoured and respected. 19 4 Grandparents providing full-time care to their 20 grandchildren should be respected by our community 21 and supported by all levels of government, institutions 22 and organisations. 23 5 The views and needs of grandparents, providing 24 full-time care to their grandchildren, should be taken 25 into account, together with the views, needs and best 26 interests of their grandchildren, when making decisions 27 that may affect either the grandchild or the ability of the 28 grandparent to provide full-time care. 29 6 Grandparents should be recognised for the unique 30 knowledge, love and experience they contribute to their 31 grandchildren's growth through formative years. 32 Page 8
Seniors Recognition (Grandparents Providing Care) Bill 2010 Schedule 2 Schedule 2 Dictionary 1 section 3 2 charter see section 7. 3 council means the Carers Advisory Council established under 4 the Carers (Recognition) Act 2008. 5 decision-maker means a person who is authorised, under an 6 Act, statutory instrument or quasi-legislation, to make a 7 decision that may affect a person or group of persons. 8 full-time care, of a child by a grandparent, means at least 30 9 hours a week of care and supervision provided to the child in 10 the grandparent's home or another place. 11 grandparent, of a child, includes the spouse of a grandparent 12 of the child. 13 Grandparent Carers Charter see section 7. 14 impaired capacity see the Guardianship and Administration 15 Act 2000. 16 employees includes the following-- 17 (a) part-time, full-time or casual employees; 18 (b) contractual and non-contractual employees; 19 (c) paid or unpaid employees; 20 (d) agents or their employees; 21 (e) volunteers. 22 quasi-legislation includes-- 23 (a) documents publicly notified that describe how an Act or 24 statutory instrument will be interpreted by the 25 administering or review body; and 26 Page 9
Seniors Recognition (Grandparents Providing Care) Bill 2010 Schedule 2 (b) arrangements or agreements made by administering or 1 review bodies that directly or indirectly affect the 2 operation of an Act or statutory instrument. 3 relevant decision see section 8. 4 Page 10
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