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Rights of carers
Discover your rights as a carer and learn how to effectively navigate the healthcare system when caring for someone with an illness or disability.
Learn more about:
- Overview
- Talking to the treatment team
- Making decisions
- Unfair treatment as a carer
- Financial assistance and other support for carers
Overview
A carer is someone who provides unpaid care and support to a person who needs this help because of an illness or disability. Knowing your rights as a carer can help you communicate with the treatment team.
For more on this, see Caring for someone with cancer and listen to our podcast Cancer Affects the Carer Too.

Talking to the treatment team
As a carer, one of your key roles is to help the person you care for talk with their health care team and make decisions about their care. The person needs to give written consent to allow you to do this, and this consent should be included in their medical record.
You may also need to speak on behalf of the patient. It is your right to take on this advocacy role if that is what the person you care for would like.
Making decisions
The person you care for may give you the power to make decisions on their behalf if they lose the capacity to make their own decisions. This can include decisions about finances and medical care. For more on this, see Advance care planning.
The law recognises the role of same-sex partners in medical decision-making. For more on this, see LGBTQI+ people and cancer.
Unfair treatment as a carer
If you feel you have been discriminated against or treated unfairly because of your caring responsibilities, you may have the right to make a complaint to the Australian Human Rights Commission, the human rights, equal opportunity or anti-discrimination agency in your state or territory or the Fair Work Commission.
Many carers also work. To find out more about who can take paid carer’s leave and talking to your employer, see Working while caring. More information about working while caring and your rights at work is also available at Carer Gateway.
For information on financial and other support for carers, see Support and financial assistance.
Podcast: Cancer Affects the Carer Too
Listen to more episodes from our podcast for people affected by cancer
More resources
Elena Schiena, Social Work – Clinical Lead, Peter MacCallum Cancer Centre, VIC; Tracey Bilson, Consumer; Tarishi Desai, Manager – Treatment & Supportive Care, McCabe Centre for Law & Cancer, VIC; Sarah Flynn, 13 11 20 Consultant, Cancer Council SA; Kim Greco, Lung Cancer Nurse Consultant, Flinders Medical Centre, SA; Dr Catherine Joyce, National Manager, Advance Care Planning Australia; Hall & Wilcox Lawyers; Linda Magann, CNC Palliative Care, St George Hospital, NSW; Joanna Page, Consumer; Brian Stace, Consumer; Dr Sabine Wardle, Senior Social Worker, Embrace Care Solutions and Charles Sturt University, NSW.
View the Cancer Council NSW editorial policy.
View all publications or call 13 11 20 for free printed copies.
