Rights of carers

This section provides a snapshot of some of the issues faced by working carers. 

Carer’s leave

Full-time employees except casuals – entitled to receive 10 days of paid personal leave each year, which includes sick leave and carer’s leave.

Part-time employees – receive entitlements on a pro rata basis.

In addition, full-time and part-time employees are entitled to two days of paid compassionate or bereavement leave when an immediate family member is seriously injured or dies. Casuals are not paid for this type of leave.

All employees, including casuals, are also entitled to two days of unpaid carer’s leave per year, or more time if their employer agrees. This unpaid leave can be used when the employee has used up their paid personal leave.

For more information about carer’s leave, visit fairwork.gov.au and search for ‘sick and carer’s leave’.

Discrimination

Discrimination at work because of your caring responsibilities is against the law and is prohibited under the Disability Discrimination Act and the Fair Work Act.

Your caring responsibilities cannot be held against you when you are applying for a job. You also have the right to the same opportunities for promotion, transfer or training and to the same benefits as other employees.

Special arrangements

Your employer may need to make arrangements to help you manage your work and caring responsibilities.

 Some examples of flexible arrangements are:

• allowing you to work from home some or all days
• changing your start, finish or break times
• allowing you to vary your hours, work part-time or job share
• varying the amount of unpaid or paid leave you can take and when you can take it.

They can only refuse to provide these arrangements if the changes would cause serious hardship to their business.

Making a complaint

If you feel you have been discriminated against because of your caring responsibilities, you may have the right to make a complaint.

• Australian Human Rights Commission (humanrights.gov.au)
• Fair Work Commission (fwc.gov.au)
• Human rights, equal opportunity or anti-discrimination agency in your state or territory.

Caring for someone with cancer can cause financial difficulties. The Department of Human Services supports carers with a range of payments via Centrelink. 

• Carer payment – for carers who provide full-time assistance in the home of the person with with cancer. It is subject to income and assets tests.
• Carer allowance – for carers who provide a significant amount of assistance, either in their own home or in the home of the sick person. The allowance is not income and assets tested. You may be eligible if you are working or receiving another type of benefit.
• Carer supplement – for people who receive the Carer Payment, Carer Allowance or other benefits. It is automatically paid annually as a lump sum.
• Carer adjustment payment – for people providing full-time care to a sick child under seven years of age.

For more information, visit humanservices.gov.au/customer/subjects/payments-carers.

• The Australian Government’s Carer Gateway provides practical information and resources for carers, and a service finder to help carers connect to local support services. Call 1800 422 737 or visit carergateway.gov.au.
• The National Carer Counselling Program provides short-term professional counselling. It is run by local Carers Associations. Call 1800 242 636 or visit carersaustralia.com.au and click on ‘How We Work’.
• Cancer Council runs a telephone support group for carers of people with cancer. Call Cancer Council 13 11 20.
• The Young Carers Program provides services for people aged up to 25 who are caring for a person with cancer. Call 1800 242 636 or visit youngcarers.net.au.
• Commonwealth Respite and Carelink Centres provide free and confidential information about respite options and support services for carers. Centres are located throughout Australia – call 1800 052 222 to find your nearest centre.

Click on the icon below to download a PDF booklet on Cancer Care and Your Rights