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Legislative Assembly for the ACT: 2001 Week 9 Hansard (23 August) . . Page.. 3248 ..

The Carers Association also, of course, acknowledges that not all carers are acting in the best interests. However, they also point out that the great stresses on carers lead to burn-out and feeling overwhelmed, and that for some carers increased support, or perhaps training, would enable them to fulfil the role of decision-maker. Not all carers want to take on that additional formal responsibility. However, as all involved know and acknowledge, the decision-maker's decision-making will benefit by the information that carers often have about the current situation and needs of the person with the disability.

The Public Trustee and the advocate also routinely consult with all key parties, including relatives, friends or a member of the person's cultural group where this is not seen as compromising the person's wellbeing. The amendment tries to find a balance between underlying concerns that some carers will seek to exploit the protected person and the need to recognise in law the useful knowledge that carers will have about the protected person's situations and interests.

The operative part of the amendment inserts into the decision-making principles these words:

Before making a decision, the decision-maker must consult with the primary carer of the protected person, unless doing so would, in the decision-maker's opinion, adversely affect the protected person's interests.

This principle is intended to be non-binding on the final decision. It is there to ensure that carers are part of the decision-making process without compromising the guardian manager's role to protect the protected person.

Secondly, the amendment inserts into the dictionary a new definition of primary carer which reads:

primary carer includes a family member or friend who is primarily responsible for providing support or care to a person other than completely or substantially on a commercial basis.

This definition is adapted from the Victorian Mental Health Act 1986, subsection 3 (1), "Definition of primary carer". The change we have made is to remove "any person" and insert "family member or friend", following terminology preferred by the ACT Carers Association. The drafters have also made what I understand is a technical change, replacing "primary carer means" with "primary carer includes".

I hope that members will support this amendment. As always, if despite our best efforts this results in unexpected difficulties for people with a disability, the Assembly can and should adjust it. I understand that we have a bit of a delay with the amendments. I wonder whether someone else can adjourn this debate.

Debate (on motion by Mr Rugendyke ) adjourned to a later hour.

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