South Australia Strengthens Legal Recognition of Carers in the Carers Recognition (Miscellaneous) Amendment Act 2025
South Australia has passed the Carers Recognition (Miscellaneous) Amendment Act 2025, modernising the Carers Recognition Act 2005 and strengthening how unpaid carers are recognised across government and the legal system. The Act also makes related amendments to key criminal and protective legislation, ensuring carers are properly recognised when people interact with police, courts and the justice system.
Why the Law Has Changed
Unpaid carers support people with disability, illness, mental ill-health, age-related conditions and substance dependence. While the original Act acknowledged carers, it did not always reflect modern caring arrangements or how carers interact with government services and the justice system.
The 2025 amendments aim to:
Broaden who is recognised as a carer
Improve consistency across government agencies
Ensure carers are considered in legal and court-related contexts
Strengthen accountability and transparency
Key Changes to the Carers Recognition Act
The Amendment Act introduces several important updates:
Broader Definition of “Carer”
The definition of a carer has been expanded to better reflect real-world caring, including care that may be intermittent, crisis-based or related to mental illness, dementia or substance dependence.
Wider Application Across Government
All South Australian public sector agencies are now required to have regard to the Act and the Carers Charter when developing policies and delivering services.
Improved Accountability
Agencies must now publicly report on how they recognise and support carers, increasing transparency and consistency.
Mandatory Five-Year Reviews
The Act must be reviewed every five years to ensure it remains relevant and effective.
Important Related Amendments to Other Laws
In addition to updating the Carers Recognition Act, the Amendment Act makes consequential amendments to several key pieces of legislation to ensure carers are recognised consistently across the legal system.
Criminal Law Consolidation Act 1935 (SA)
The amendments ensure that references to carers in criminal law contexts align with the updated definition in the Carers Recognition Act. This helps courts and decision-makers properly recognise caring relationships when considering matters such as offending context, victim impact and personal circumstances.
In practice, this supports more accurate and informed decision-making where caring responsibilities are relevant.
Evidence Act 1929 (SA)
Changes to the Evidence Act ensure consistency in how carers are identified and referred to in court proceedings. This helps avoid uncertainty about whether a person qualifies as a carer when evidence is given or relied upon in legal proceedings.
The aim is clarity and consistency, rather than changing the fundamental rules of evidence.
Intervention Orders (Prevention of Abuse) Act 2009 (SA)
The amendments update references to carers within intervention order legislation so that protective frameworks properly reflect modern caring relationships.
This is particularly important in cases involving family violence, abuse prevention and protective orders, where carers may be directly affected by court orders or involved in supporting protected persons.
Why These Changes Matter
Taken together, these reforms mean that carers are more likely to be:
Recognised consistently across government and court processes
Considered appropriately in criminal, evidentiary and protective proceedings
Acknowledged formally when legal decisions affect caring relationships
While the Carers Charter itself does not create enforceable rights, these amendments strengthen how carers are seen and considered within South Australia’s legal framework.
This OYBlog was created with AI assistance based on the following source:
https://www.legislation.sa.gov.au/__legislation/lz/v/a/2025/carers%20recognition%20(miscellaneous)%20amendment%20act%202025_73/2025.73.un.pdf