Page 3218 - Week 11 - Thursday, 12 September 1991
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Bill states that a guardian may not chastise an incapacitated person nor vote on that person's behalf, make a will nor consent to marriage on that person's behalf.
An important restriction is that a guardian may not give consent for a prescribed medical procedure such as an abortion or sterilisation. Such matters are within the province of the tribunal, subject, of course, to the requirement that such medical procedures are lawful. Before exercising such a power, the tribunal is obliged to take into account certain specified considerations, including whether alternative treatment is available and, as far as can be ascertained, the wishes of the represented person.
Decisions of the tribunal are appealable to the Supreme Court. The person aggrieved by a determination of the tribunal may obtain a statement of reasons for the decision of that tribunal.
In financial matters, a manager appointed by the tribunal to handle the affairs of an incapacitated person must file accounts on an annual basis with the office of community advocate. The community advocate will examine the accounts and, if necessary, apply to the tribunal for disallowance of an item of expenditure claimed by the manager. The tribunal must furnish an annual report for presentation to the Legislative Assembly. The president and members of the tribunal are appointed by the Executive - the president for a period not exceeding five years, and members for a period not exceeding three years.
One issue raised by a community group was a suggestion that all initial orders of the tribunal be reviewed within the first 12 months of being made. Subclause 19(2) of the Bill stipulates that orders are to be reviewed at least once every three years. I submit that the tribunal will be best placed to assess each case and, in issuing its order, determine a suitable review date. I suggest that the tribunal be allowed to settle in and attend to the long-neglected backlog of cases without it being obliged to perform a compulsory review within 12 months of every order.
The proposed ACT tribunal will recognise and register competent orders from other jurisdictions, including orders obtained overseas. This provision appears at clause 12 of the Bill, and it should be of considerable assistance to those who move into the ACT from interstate or overseas, particularly those Australian jurisdictions which have comparable legislation. I urge the other jurisdictions in Australia to ensure that their legislation, where it exists, is comparable with this provision. Portability of various orders and uniformity in legislation are principles that I, and this Labor Government, fully support.
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