Page 3958 - Week 13 - Thursday, 17 October 1991

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I move:

Page 2, line 8, subclauses 3(1) and (2), omit the subclauses, substitute the following subclauses:

"(1) Where, because of a physical, mental, psychological or intellectual condition, a person -

(a) needs assistance or protection from abuse, exploitation or neglect; or

(b) is legally incompetent or unable to enter into particular transactions;

a person who exercises a power, or performs a duty or a function, under or in relation to this Act in relation to the first-mentioned person shall observe the principles set out in subsection (2).

"(2) The principles to be observed in accordance with subsection (1) are the following:

(a) that the person's views and wishes, so far as they can be ascertained, should receive paramount consideration;

(b) that the decisions made about the person should be, as nearly as possible, the decisions that he or she would have made if not affected by the condition concerned;

(d) that the person's life should not be interfered with except to the least extent necessary;

(e) that the person should be encouraged to look after himself or herself;

(f) that, as far as possible, the person should live in the general community and join in community activities.".

Amendment agreed to.

Clause, as amended, agreed to.

Clauses 4 to 19, by leave, taken together, and agreed to.

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