Page 4626 - Week 15 - Thursday, 21 November 1991
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This Government is satisfied that the proposed amendments are in the best interests of the general users of the territorial lakes and the management agencies involved. Where the amendments may have some negative impact on specific users, such as the levying of powerboat permit fees, consultation has been undertaken with a wide representation of these groups. I am confident that the Government's initiatives will provide for more equitable and safer use of the Territory's lakes.
Mr Speaker, I present the explanatory memorandum for the Bill.
Debate (on motion by Mrs Nolan) adjourned.
POWERS OF ATTORNEY (AMENDMENT) BILL 1991
MR CONNOLLY (Attorney-General, Minister for Housing and Community Services and Minister for Urban Services) (10.58): Mr Speaker, I present the Powers of Attorney (Amendment) Bill 1991. I move:
That this Bill be agreed to in principle.
Mr Speaker, in October 1989 this Legislative Assembly passed the Powers of Attorney (Amendment) Act 1989 to introduce an enduring power of attorney into the Territory. This overcame a problem in the existing law which meant that ordinary powers of attorney lapsed when a donor became incapacitated. In its usual form, an enduring power of attorney operates when the donor of the power is incapacitated by stroke, trauma or senility and is no longer capable of rational decision making. In such circumstances, decisions are then made by an authorised person called the attorney.
It is possible for a donor to activate the authority so that it operates immediately or, alternatively, from a specified date, such as the day before he or she undergoes major surgery, or a specified birthday for a senior citizen. The reality is, of course, that the enduring power of attorney assumes its greatest importance when the donor is no longer able to make critical decisions. These decisions cover property matters, personal matters, such as where the person should live, and decisions about medical treatment.
This Labor Government initiative has been well received in the community. The standard form for the enduring power of attorney has been styled in simple English and is accompanied by explanatory notes. Members will find an example as form 2 in the schedule to the Bill. Since the introduction of the standard enduring power of attorney
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