Page 2013 - Week 07 - Thursday, 13 August 2020
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Similarly, where a defendant has a legal burden to show that their conduct was reasonable or beyond their control in circumstances where they are associated with an institution, the issue of the right to a fair trial is engaged. However, I agree with the minister’s response to the scrutiny committee and acknowledge that, in the main, the presumption of innocence still applies.
This legislation is complex and engages a number of human rights. As I said earlier, most importantly, it aligns with the United Nations Declaration on the Rights of Persons with Disabilities and is aimed at increasing protections for vulnerable members of our community. Its intent is certainly good. Its application and any unintended consequences remain to be seen. That is why I reiterate that I am pleased that the review date has been brought forward.
Much needs to be done before enactment, including ensuring adequate and appropriate resourcing of the agencies funded to provide supports and advocacy or resolve complaints. The ACT Human Rights Commission, the Public Advocate, the Disability and Community Services Commissioner and the Health Services Commissioner must be adequately resourced to exercise their investigative powers in relation to allegations of abuse against older people. As well, organisations must be given additional funding to provide advocacy for individuals, particularly to provide assistance with supported decision-making and promoting awareness of rights and pathways to remedy.
If—or, more likely, when—systemic problems are found, as seems to be the case right now in aged care, and that is why we are having the royal commission, it is very important that, as well as a potential criminal justice solution, the underlying causes of the systemic abuse are addressed. It will be very interesting to see the results of the royal commission. This legislation will only have the desired positive effect if it is accompanied by a clear commitment to investigation, advocacy and problem-solving. Problem-solving definitely needs to be part of the commitment as part of this legislation.
As I mentioned earlier, as far as the protections go for our elderly, there is still a way to go. Much of the work will be national, given the commonwealth funding arrangements. I hope that the next ACT government continues to work collaboratively on the national plan and development of the national online register of enduring powers of attorney. If this cannot be done across all jurisdictions, and I personally think it can, at the very least we can do it here in the ACT while we wait for others to catch up. This would be an area we could easily lead in.
Madam Speaker, I support this bill and the amendments I anticipate being brought forward by the government.
MR RAMSAY (Ginninderra—Attorney-General, Minister for the Arts, Creative Industries and Cultural Events, Minister for Building Quality Improvement, Minister for Business and Regulatory Services and Minister for Seniors and Veterans) (5.57), in reply: At the start I thank Ms Lawder and Ms Le Couteur for their comments and for their support for this important bill. I also thank the scrutiny committee for its comments.
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