Page 3248 - Week 11 - Thursday, 13 September 1990
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have to rely upon the archaic provisions of the 1898 New South Wales Lunacy Act - - -
Mr Berry: You argued for it to stay, in the house today.
MR COLLAERY: I notice Mr Berry interjects at this stage. Residents rely on the 1898 New South Wales Lunacy Act to obtain a simple order to empower - - -
Mr Berry: On point of order, Mr Speaker: from a government which bases most of its budget decisions on what its members can get out of it, it is very interesting that the Minister opposite has just decided to spend some money on - - -
Members interjected.
MR SPEAKER: Order! What is the point of order, Mr Berry?
Mr Berry: It is interesting that this Minister has decided to spend some money on some cells for those with mental illnesses.
Members interjected.
MR SPEAKER: What is the point of order, Mr Berry?
Mr Berry: I think Mr Collaery was directing some attention to me on the issue of lunacy. I would like him to withdraw any imputation that I am mad.
MR SPEAKER: Mr Collaery, please withdraw that imputation.
MR COLLAERY: I withdraw any imputation, Mr Berry. I do not know what the imputation is, but I withdraw any imputation.
It is simply unacceptable, Mr Speaker, for the residents of the ACT in 1990 to have to rely upon the 1898 Lunacy Act in order to obtain a simple order to empower a guardian to attend to the private financial affairs of a person with a disability. During this year we will move to introduce new legislation which will not be demeaning in its title and its operation towards people with a disability.
Associated with this is the proposal for the establishment of an office of community advocate to assist persons who are unrepresented, and to protect the rights of those that are subject to orders of the tribunal. This proposal arises from concerns in the areas of mental health, suggestions about the future of the youth advocate role canvassed in the Callaghan review of substitute care and the successful operation of a similar scheme in the State of Victoria. The discussion paper, which I released on Tuesday, outlined the suggested models, and we are seeking community input before the final decisions are taken. This amply demonstrates, in contrast to recent media reports, that we want to involve the community more in the operation of the law.
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