Page124 - Week 01 - Thursday, 3 December 2020
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That this bill be agreed to in principle.
I am pleased to present the Justice and Community Safety Legislation Amendment Bill 2020 to the Assembly. The bill is an omnibus bill which makes minor, technical or non-controversial amendments to laws falling primarily within my portfolio as the Attorney-General.
The bill makes amendments across 17 pieces of legislation. These amendments will improve the administration and operation of the territory’s laws for different groups in our community. The amendments will not only improve the regulation of government, professional and community bodies; they will also provide better protections and promote better services for vulnerable persons. There will also be improvements to the clarity of the territory’s laws, particularly through the updating of unclear and outdated references and provisions.
I am pleased to note that the bill today is the first Justice and Community Safety Legislation Amendment Bill in the Tenth Assembly, in this new term of government. As the bill is also a result of consultation with government and community bodies, the presentation of the bill today demonstrates that the government is quickly and diligently delivering on its commitment to listen to and work with the community to ensure effective laws in the territory. I thank those who have given their time to engage with the Justice and Community Safety Directorate throughout the development of this bill.
This bill contains amendments which improve protections and promote better services for the more vulnerable in our community. The changes to the Guardianship and Management of Property Act 1991 recognise the vulnerability of principals with decision-making capacity under enduring powers of attorney and the challenges they face in enforcing their rights.
The changes allow the Public Trustee and Guardian, Public Advocate, ACT Civil and Administrative Tribunal and relevant persons to take action to protect a principal even with decision-making capacity. The Public Trustee, Public Advocate and the tribunal will also be able to provide better services to the community, as these amendments assist them to protect vulnerable principals.
Similar improvements in protections and services to vulnerable principals are made by the amendments to the Powers of Attorney Act 2006 and the Public Trustee and Guardian Act 1985. The amendments make permanent certain measures which were initially introduced on a temporary basis under the COVID-19 Emergency Response Legislation Amendment Act 2020 (No 1).
The bill makes amendments to the Powers of Attorney Act 2006 that will permanently require attorneys to keep accurate records and keep their property separate from the principal’s property in property matters, irrespective of a principal’s decision-making capacity. The bill will also permanently require individuals, in addition to other entities, to provide the Public Trustee and Guardian with information or documents relevant to the exercise of the Public Trustee and Guardian’s functions.
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