Page 131 - Week 01 - Thursday, 9 April 1992
Next page . . . . Previous page . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .
As a consequence of the amendment to the Surveyors Act 1967, it is necessary to amend the Real Property Act 1925 to allow sections in the Act relevant to the survey function to be administered by an officer appointed by the Territory Minister. The Real Property Act 1925 provides for the declaration of titles to land in the Territory and also facilitates the transfer of land in the Territory. Section 64 of the Real Property Act 1925 provides that, if the requirements as to the deposit of a map or plan referred to in that section are not complied with, or if it is not approved by the Surveyor-General for Australia, then it is not incumbent upon the Registrar of Titles to bring the land under the provisions of the Act or to proceed with the registration of a transfer or a lease. The Real Property (Amendment) Bill 1992 amends the reference to the Surveyor-General for Australia in section 64 to be a reference to the Chief Surveyor.
Debate (on motion by Mr Kaine) adjourned.
POWERS OF ATTORNEY (AMENDMENT) BILL 1992
MR CONNOLLY (Attorney-General, Minister for Housing and Community Services and Minister for Urban Services) (10.44): Madam Speaker, I present the Powers of Attorney (Amendment) Bill 1992.
Title read by Clerk.
MR CONNOLLY: I move:
That this Bill be agreed to in principle.
Madam Speaker, this Bill was introduced in November 1991 and set down for debate on the last sitting day of the last Assembly. Unfortunately, it was not dealt with, as other matters intervened. This Bill, except for its year, is unchanged from that 1991 Bill. The background of the Bill is as follows: In October 1989, under the first Follett Government, the Legislative Assembly passed the Powers of Attorney (Amendment) Act 1989 to introduce an enduring power of attorney into the Territory. This met a need arising from a gap in the law which meant that ordinary powers of attorney lapsed when a donor, the person conferring the power, became incapacitated. That made ordinary powers of little use to persons who wished to provide for circumstances when they might become unable to look after their own affairs.
The enduring power of attorney assumes great importance at what may be a time of personal or family crisis when the donor is no longer able to make critical decisions. These decisions may cover property and financial matters, personal matters such as where the person should live, and decisions about medical treatment. The donor may confer the power to operate immediately or at a future date, for example the day before a major medical operation.
Madam Speaker, the enduring power of attorney reforms have been well received by both the legal profession and the community. The standard form for the enduring power of attorney has been styled in simple English and accompanied by explanatory notes. Members will find an example as form 2 in the schedule to the Bill.
Next page . . . . Previous page . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .