What rights am I entitled to?

If you’re a carer in the workplace, you’re entitled to:

  • Carer’s Leave
  • Leaving work on time.
  • Being able to use the telephone to check on the person being cared for.
  • Set up flexible working arrangements.
  • Flexibility around paid and unpaid leave, and when it can be taken.
  • Working from home on a temporary or long-term basis.
  • Not be harassed or discriminated against due to your caring duties.
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Carer's Leave

Sick and carer’s leave lets an employee take time off to help them deal with personal illness, caring responsibilities, or family emergencies.

It’s also known as personal leave or personal/carer’s leave.

When working in a full time, part time, or casual role, everyone has the right to use their carers leave.

Under the Fair Work Act (2009), this is paid or unpaid leave for full time and part time contracted staff. Casual employees are only entitled to unpaid carers leave.

You can also sit down with your employer, talk to them, and ask if you can draw up an agreement to set out additional or different entitlements to your carer’s leave.

 

Fair Work Act 2009
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Flexible Working Arrangements

If you are a carer (within the meaning of the Carer Recognition Act 2010), you have the right to request flexible working arrangements under the Fair Work Act (2009).

To qualify for these flexible arrangements, you need to:

  • Have been with your employer for at least 12 months.
  • Have a reasonable expectation that your employment will continue.

To request flexible working arrangements:

  • Do it in writing, and explain the changes being asked for and why.
  • Your employer must give a written response within 21 days.

Employers must take a request for flexible working arrangements seriously and may only refuse it on reasonable business grounds. You can contact the Fair Work Ombudsman for what these could be (Fair Work Ombudsman).

Fair Work Ombudsman – Flexible Working Arrangements

Carers Recognition Act 2010

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Have you been discriminated against?

In the NSW Anti-Discrimination Act (1977), carers are offered protection if they have been treated unfairly due to their caring responsibilities. This can also apply to when you apply for a job, or ending your employment with an employer.

If you think you have been discriminated against, you should:

  • Keep a log of incidents of what has happened.
  • If comfortable, try to speak with your employer about what has happened and try to fix the issue internally.

If this does not work, you aren’t in a position to do this or is not appropriate, you can take the issue to a relevant complaints body or request support. It is better to do this in a timely manner as there is a time limit between when incidents occurred and when you can make a complaint.

  • Contact the NSW Anti-Discrimination Board on 02 9268 5544, or rural and regional carers can ring 1800 670 812.
  • Contact the Fair Work Ombudsman on 13 13 94.
  • Contact the Australian Human Rights Commission on 1300 656 419.
  • If you need help making a written complaint, contact Law Access on 1300 888 529.

Anti-Discrimination Act – what constitutes discrimination?

Anti-Discrimination Act 1977

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Privacy and Confidentiality

You are entitled to privacy and confidentiality in the workplace.

Under the Privacy Act (1988) and Privacy and Personal Information Protection Act (1998 NSW), you do not have to disclose the name of the person you are caring for nor their illness or disability to your employer, yet you can still talk to your employer about your caring responsibilities.

Regardless of what you disclose to your employer, they must respect your privacy and not talk to other staff about your situation.

Privacy Act 1988

Privacy and Personal Information Act 1998

Complaints

If you wish to make a complaint, you can contact the following bodies below depending on your situation.

The Official Visitors (OV)

Official Visitors are people with experience in mental health treatment and care. They are appointed by the Minister for Mental Health and are independent from NSW Health.

Official Visitors can assist you to talk to hospital staff, advise you about your rights and about any concerns you may have about your mental health treatment.

Website: officialvisitorsmh.nsw.gov.au
Phone: 1800 208 218
Email: OfficialVisitorsProgram@health.nsw.gov.au

Health Care Complaints Commission (HCCC)

The Health Care Complaints Commission acts to protect public health and safety by resolving, investigating and prosecuting complaints about health care.

It is an independent body set up under the Health Care Complaints Act 1993.

It has a central role in maintaining the integrity of the NSW health system, with the overarching aim of protecting the health and safety of individuals and the community.

The Commission deals with complaints about all health services and providers in NSW.

Website: www.hccc.nsw.gov.au
Phone: 1800 043 159
Email: hccc@hccc.nsw.gov.au

Fair Work Ombudsman

The Fair Work Ombudsman helps everyone in Australia follow the laws that make all workplaces equal and fair.

Website: www.fairwork.gov.au
Phone: 13 13 14

Fair Work Commission

The Fair Work Commission is Australia’s workplace tribunal. They create awards, approve enterprise agreements and help resolve issues at work.

Website: www.fwc.gov.au
Phone: 1300 799 675
Email: sydney@fwc.gov.au

Australian Human Rights Commission (AHRC)

The Australian Human Rights Commission (AHRC) is an independent third party which investigates complaints about discrimination and human rights breaches.

Website: humanrights.gov.au
Phone: 1300 369 711
Email: infoservice@humanrights.gov.au

National Information Service (NIS)

The National Information Service (NIS) provides information and referrals for individuals, organisations and employers about a range of human rights and discrimination issues.

This service is free and confidential.

Website: humanrights.gov.au
Phone: 1300 656 419 or 02 9284 9888
Email: infoservice@humanrights.gov.au

Anti-Discrimination Board NSW

The Anti-Discrimination Board NSW handle complaints of discrimination covered by the Anti-Discrimination Act 1977. If you make a complaint to them, them will try to help you and the other party find a way of resolving the matter according to the law.

Website: antidiscrimination.nsw.gov.au
Phone: 1800 670 812
Email: complaintsadb@justice.nsw.gov.au

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