Page 818 - Week 04 - Tuesday, 20 April 2021
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under the Magistrates Court Act 1930, clarifying entitlements for certain judicial officers, and the process for completing outstanding matters when judicial officers retire from the Supreme Court. The amendments also remove a provision in the Coroners Act to reflect current practice and reduce duplication.
This bill delivers better protection for vulnerable people in our community. These amendments will improve accessibility to redress and justice for those who may have been subjected to financial abuse because of misuse of powers by substitute decision-makers.
The amendments to the Powers of Attorney Act and the Guardianship and Management of Property Act recognise the vulnerability of people who are dependent on attorneys, guardians or financial managers, and the challenges they face in protecting their rights. The changes provide the tribunal with powers to order compensation or account for profit to remedy abuse of powers by an attorney, guardian or financial manager. The changes provide an accessible, less complex and less costly alternative pathway than the Supreme Court for vulnerable people to seek redress for misuse of power by their substitute decision-makers.
These powers complement the existing jurisdiction of the tribunal to oversee substitute decision-makers and to make orders to terminate appointments where these powers are being abused. Now the tribunal will also be able to order appropriate remedies for such abuse rather than those issues needing to be decided by the Supreme Court.
These amendments implement recommendation 5-2 of the Australian Law Reform Commission’s report Elder abuse—a national legal response within the territory. These amendments are consistent with the objectives of the National Plan to Respond to the Abuse of Older Australians (Elder Abuse) 2019-2023.
The bill also makes amendments to support the functions of the ACT Public Trustee and Guardian as well as the ACT Judicial Council. Following on from interim measures introduced in response to COVID-19 in 2020, the bill introduces a new power in the Public Trustee and Guardian Act 1985 to support the disposal of unclaimed bodies in the ACT. The amendments provide clear legislative power to the Public Trustee and Guardian to dispose of an unclaimed deceased person’s remains and investigate and administer their estate, as necessary. Furthermore, the bill makes an amendment to the Judicial Commissions Act to clarify that the Judicial Council can refer complaints against judicial officers to the ACT Integrity Commission without contravening this act.
I am pleased to say that this bill is compatible with human rights and will in fact promote a number of rights, including the right to a fair hearing by providing access to justice that is more accessible, less complex and less costly. I am confident that the amendments in this bill will support the redress rights of our most vulnerable citizens and improve effective administration and operation of the laws in the territory. I commend the bill to the Assembly.
Debate (on motion by Ms Lee) adjourned to the next sitting.
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