Page 3219 - Week 11 - Thursday, 12 September 1991
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It is with some personal satisfaction that I introduce this Bill. There have been some compromises in such matters as vesting the tribunal in the Magistrates Court for financial reasons; but I submit that the end result is, at least, a much more sophisticated and responsive system than that which it will replace.
In conclusion, Mr Speaker, I acknowledge the efforts of the Australian Law Reform Commission in producing its report in 1989 on guardianship and management of property. That report, together with the valuable contributions made by individuals and groups in the ACT community, formed the basis for the preparation of this legislation. In addition, I express appreciation for the advice and guidance given by the President of the Victorian Guardianship Administration Board, Mr Tony Lawson, who, with his officers, provided useful assistance to my departmental officers. I present the explanatory memorandum for the Bill.
Debate (on motion by Mr Collaery) adjourned.
GUARDIANSHIP AND MANAGEMENT OF PROPERTY (CONSEQUENTIAL PROVISIONS) BILL 1991
MR CONNOLLY (Attorney-General, Minister for Housing and Community Services and Minister for Urban Services) (10.47): Mr Speaker, I present the Guardianship and Management of Property (Consequential Provisions) Bill 1991. I move:
That this Bill be agreed to in principle.
The Guardianship and Management of Property (Consequential Provisions) Bill 1991 is, as its title suggests, a machinery Bill to provide amendments to certain laws of the Territory which must be amended on commencement of the Guardianship and Management of Property Act 1991.
The primary purpose of the Bill is to replace the residual provisions of the archaic Lunacy Act 1898 of New South Wales in its application in the Territory. That old system, which required applications to the Supreme Court, will be replaced by operation of the new guardianship and management of property tribunal. Existing orders made by the Supreme Court under the provisions of the Lunacy Act will continue as if they were made by the new tribunal. This saving provision is necessary to protect the interests of those persons who still rely upon the operations of the old orders made in the Supreme Court.
The Bill also makes consequential amendments to the Powers of Attorney Act 1956 to ensure that the tribunal's own enabling legislation and its orders are not subordinate to enduring powers of attorney already in existence. The Bill provides that the tribunal may, if necessary, override an
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