Page 3960 - Week 13 - Thursday, 17 October 1991
Next page . . . . Previous page . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .
Clause 32
MR CONNOLLY (Attorney-General, Minister for Housing and Community Services and Minister for Urban Services) (4.26): Subclause 32(4) as it stands would allow the community advocate to issue a notice to the tribunal notifying a substitution of a guardian where the community advocate becomes aware that the represented person's present guardian is no longer acting for the represented person. Community groups were concerned that the community advocate may not select a substitute satisfactory to the tribunal or the friends or relatives of the represented person.
The provision as it now stands was seen as a useful emergency mechanism in addition to the emergency provision at clause 67 whereby the community advocate may be guardian or manager of last resort. However, community groups do want the prerogative of appointment to be retained by the tribunal. Amendment No. 3 standing in my name, therefore, revises the notice to that of an application rather than a valid substitution in its own right. I move:
Page 14, line 19, subclause 32(4), omit the subclause, substitute the following subclause:
"(4) If the notice indicates that the Community Advocate or a person specified by the Community Advocate will act as guardian, the notice shall be taken to be an application for the appointment of the Advocate or that person, as the case may be, as the guardian.".
MADAM TEMPORARY DEPUTY SPEAKER (Mrs Grassby): Do you wish to move amendment No. 4 separately?
MR CONNOLLY: I will move it now, if that is appropriate.
MADAM TEMPORARY DEPUTY SPEAKER: Is that the Assembly's wish?
There being no objection, that course will be followed.
MR CONNOLLY: The reason I have given in relation to the community advocate's notice of a need for a substitute guardian applies to a substitute manager in subclause 32(6). Again, community groups want the tribunal to retain the authority to appoint a manager. The Government has considered the community groups' views and thinks that that is very reasonable. I therefore move amendment No. 4 standing in my name.
Next page . . . . Previous page . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .