Page 707 - Week 03 - Thursday, 22 March 1990
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receive, if the person is to work and the nature of employment, and to give consent for required medical treatment.
The report also identifies powers which the guardian should not have, and these include the powers to marry, to vote in an election, to make a will and to consent to adopt a child. Another important exclusion from the powers of a guardian are certain medical procedures, such as abortion, sterilisation, hysterectomy and contraceptive procedures. In these cases, the report recommends that only the tribunal can be capable of ordering these procedures. This is an issue which has been brought to the community's attention through the sensitive portrayal of such a decision in a recent episode of LA Law on television, although I have not seen it.
Lastly, Mr Speaker, the report also recommends that new legislation be established for the position of a public advocate, as Ms Follett has already said, to represent the interests of incapacitated persons and act as a guardian of last resort where no suitable individual can be identified. I take this opportunity to acknowledge and commend all those who take on the responsibility of guardianship. It is a very difficult and challenging position, and is generally a long-term commitment; it cannot be taken on as a passing whim.
Taken on face value, the recommendations of the report provide an effective solution to inadequacies in the current, ancient and entirely inappropriate legislation. However, this issue of how we as a community care for the incapacitated members of families is too important to consider only within the legal context. In the proposed approach to the new legislation there are many areas in which community input and consultation are essential before a detailed proposal is developed.
One major area is the proposed cost of an independent tribunal and public advocate. The community may well consider that other options, such as a tribunal attached to a court system or a public advocate which combines other roles, still meet the needs of the community but at a lower cost. Likewise, the powers of guardians in medical treatment should reflect the views of the community. While I support the general thrust of the recommendations in seeking the fairest and most equitable outcomes for incapacitated members of our community, as I said earlier, it is essential to receive community views before developing a detailed proposal for consideration. (Extension of time granted) Personally, I will be pushing to keep this process to a tight timetable, whatever the solution. The people of the ACT have waited too long for this protection, and it must not be denied them for any longer than is necessary.
MR WOOD (11.25): I have a great deal more confidence in this report than the one that we debated late last night.
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