Page 1742 - Week 09 - Tuesday, 17 October 1989
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company to act as attorney as well as the guardian of the donor.
I have my reservations about this particular aspect. Accordingly, Mr Speaker, our party will be supporting the amendment which is to be proposed by the Chief Minister. I believe that a public advocate would seem to be a more appropriate agency to exercise any guardianship powers. Therefore, I would strongly recommend that the Government take steps to establish a public advocate agency in the ACT so that the question of guardianship can be dealt with more appropriately.
Proposed new section 17(2) does not allow the court to appoint a public trustee company to act as a guardian to a donor but instead vests the authority with the public trustee alone. The provision, of course, will apply only until such time as the Government takes the necessary steps to introduce legislation establishing the office of a public advocate. But, in the meantime, I do not think it is appropriate that these powers should be handed to a trustee company alone. As things stand, a court may order that this occur, and the Public Trustee can then wash his hands of the matter. I am sure that members of the Assembly will agree.
But on the whole this Bill is a worthwhile and long-awaited amendment to the Powers of Attorney Act, and I welcome it because it recognises the fact that disabled people should be allowed to exercise whatever capacities they have before they become completely and totally mentally incapacitated. Also, they can give careful consideration to their future and choose whoever they believe is going to act in their best interests before this sad occurrence eventuates.
Incapacitated or not, these individuals also have rights and they have the right to be respected for their human worth and dignity. They also have the same rights as every other Australian to an acceptable quality of life, and should not be disadvantaged because of their disability.
I am very happy to see that these people will be able to appoint an attorney to manage their affairs, including financial matters, and medical and personal decisions that need to be made when the time arises, and will not be subjected to costly procedures, hardship and embarrassment. I must stress, however, that close monitoring of the legislation should prevail, and I am sure that the legislation, if amended as the Chief Minister proposes, will initiate the appropriate steps to ensure that the donors' interests are looked after adequately and equitably. I commend the Bill to this Assembly.
DR KINLOCH (4.05): Mr Speaker, it is a great pleasure to endorse Ms Maher's comments and those also of other colleagues from both the Liberal Party and the Residents Rally. Might I say very briefly on behalf of the members of the Standing Committee on Social Policy, and I am sure
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