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Legislative Assembly for the ACT: 2001 Week 5 Hansard (3 May) . . Page.. 1411..


If effect cannot be given to the person's wishes at all, or they cannot be known for some reason, then decisions are to be made according to their interests, as established in the Bill.

The amendments retain the general principles that should apply to such decisions, that is, the principles of autonomy, freedom from unnecessary interference, self-care, participation in community life and maintenance of the non-harmful aspects of the person's lifestyle.

This approach should provide more certainty and direction to those who are required to make a decision about a person under the Act.

The amendments have the support of stakeholders in the community and agencies involved in assisting those with impaired decision making ability, who responded to a discussion paper seeking their views on these issues.

These amendments are also in line with legislation in other jurisdictions. The ACT is the only jurisdiction to apply the 'legally incompetent' test to management orders. By adopting the amendments we will ensure that we have a common practice with other jurisdictions. This will give added certainty to those subject to management orders and paves the way for recognition of orders by other jurisdictions.

I urge members of this Assembly to support this Bill to clarify the issues that must be considered by the Tribunal in making orders relating to guardianship and management of property.

Debate (on motion by Mr Stanhope ) adjourned to the next sitting.

Drugs of Dependence Amendment Bill 2001

Mr Moore , pursuant to notice, presented the bill and its explanatory memorandum.

Title read by Clerk.

MR MOORE: (Minister for Health, Housing and Community Services) (11.12): I move:

That this bill be agreed to in principle.

I ask for leave to have my speech incorporated in Hansard.

Leave granted.

The speech read as follows:

Mr Speaker, I would like to introduce a Bill to amend the Drugs of Dependence Act 1989. The Drugs of Dependence Amendment Bill 2001

These amendments will provide the ACT with flexible protocols for the safe handling, storage and destruction of cannabis seized by the police. The amendments provide the government analyst with the power to properly destroy excess cannabis in the event of a large quantity, such as a plantation, being found in the Territory.


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