Page 1741 - Week 09 - Tuesday, 17 October 1989
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I note the Government has passed around an amendment - and that is certainly satisfactory to the Liberal Party - which covers any possible problems that might have arisen there. It is a timely, sensible piece of legislation and I, on behalf of my party, commend it to the house.
MS MAHER (3.58): Mr Speaker, I rise to support the Powers of Attorney (Amendment) Bill. About three per cent of the population have intellectual disabilities - close to 8,000 people in the ACT alone. Most of these people have relatively mild disabilities which, in some cases, do not prevent them from participating in the community, but they are more likely to be isolated, lonely, unemployed and open to exploitation than are other members of our community.
These people also have a right to make decisions about their lives, their finances and their property, and at present they are assisted usually by relatives or friends who do not have legal power to make decisions on their behalf. For some years now there have been a number of discussions on the introduction of new legislation to deal with guardianship and management of property and affairs in relation to people who have intellectual or other disabilities.
It is now time to pull ourselves in line with other States and territories. They already have adequate provision. In particular, Victoria has had this type of legislation since 1986, which deals with most needs and which is working very successfully. In its present form the ACT legislation does not provide for protection of people with disabilities and, as I mentioned before, these people can be subject to a range of problems - for example, physical, emotional and/or financial exploitation.
The whole procedure for declaring a person incapable of managing his or her own affairs under the Lunacy Act of 1898 can cost anywhere between $2,000 and $4,000. Apart from this expensive venture, families have to put up with the embarrassment of taking a relative to court because there is no provision for making enduring powers of attorney. The existing legislation is somewhat archaic, and the need for review is long overdue. It is unfortunate that it has taken this long to have the Act amended. Nevertheless, I am glad that this sector of the community will not be disadvantaged and treated as second-class citizens.
The matter was finally referred to the Law Reform Commission earlier this year for an inquiry into the need for legislation and procedures in relation to management of the affairs and property of intellectually disabled people. I am pleased to see that the Government has taken the necessary steps to implement the recommendations made by the Law Reform Commission to amend the Powers of Attorney Act. However, I note that proposed new section 17(2) differs from the Law Reform Commission's recommendations in that it allows the Public Trustee to nominate a trustee
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