❓ Hon Nick Goiran questions the Attorney General regarding delays in enacting amendments to the Guardianship and Administration Act 1990, promised since 2017. The Attorney General responds, citing COVID-19 related legislative priorities and progress on some recommendations.
AnsweredQoN 235Legislative Council
Asked
3 June 2021
Member
Portfolio
parliamentary secretary representing the Attorney General
QuestionView source ↗
GUARDIANSHIP AND ADMINISTRATION ACT —
STATUTORY REVIEW — RECOMMENDATIONS
235. Hon NICK GOIRAN to the parliamentary secretary
representing the Attorney General:
I note that it has now been more than 1 500 days since the
Attorney General promised to expedite the enactment of amendments to the law
surrounding enduring powers of attorney and guardianship.
(1) Does the Attorney General recall telling the
Select Committee into Elder Abuse on 26 April 2018 that a bill to amend
the Guardianship and Administration Act 1990 was approved by cabinet in
December 2017 and that it was anticipated that the amendment bill would be
introduced in the spring session?
(2) Is he
aware that the select committee's twenty-fourth recommendation was that
the government introduce a bill to amend the Guardianship and Administration
Act 1990 to implement the recommendations contained in the 2015 statutory
review of the act as a matter of urgency?
(3) Is he aware that the government's response to
that recommendation was —
As per the McGowan Government
election commitment, the Government has committed to expedite the enactment of
amendments set out in the recommendations of the Statutory Review. It is
anticipated the Amendment Bill will be introduced in the first half of 2019.
(4) Does the government retain any intention to introduce
these amendments?
STATUTORY REVIEW — RECOMMENDATIONS
235. Hon NICK GOIRAN to the parliamentary secretary
representing the Attorney General:
I note that it has now been more than 1 500 days since the
Attorney General promised to expedite the enactment of amendments to the law
surrounding enduring powers of attorney and guardianship.
(1) Does the Attorney General recall telling the
Select Committee into Elder Abuse on 26 April 2018 that a bill to amend
the Guardianship and Administration Act 1990 was approved by cabinet in
December 2017 and that it was anticipated that the amendment bill would be
introduced in the spring session?
(2) Is he
aware that the select committee's twenty-fourth recommendation was that
the government introduce a bill to amend the Guardianship and Administration
Act 1990 to implement the recommendations contained in the 2015 statutory
review of the act as a matter of urgency?
(3) Is he aware that the government's response to
that recommendation was —
As per the McGowan Government
election commitment, the Government has committed to expedite the enactment of
amendments set out in the recommendations of the Statutory Review. It is
anticipated the Amendment Bill will be introduced in the first half of 2019.
(4) Does the government retain any intention to introduce
these amendments?
AnswerView source ↗
I thank the member for
some notice of the question. I provide the following response on behalf of the
Attorney General.
(1)–(4)
The government has already implemented some of the recommendations of the
statutory review as part of legislation
urgently enacted in April 2020 in response to the COVID-19 pandemic. The
Guardianship and Administration Amendment (Medical Research) Act 2020
expedited particular recommendations from the statutory review in relation to
enabling and safeguarding decision-making processes to be carried out in
respect of medical research. It was urgent that this be enabled for treatment
of COVID-19, which only existed as an experimental treatment. As this
indicates, all governments have had to adapt their legislative agendas to meet
their overarching responsibility to respond appropriately to COVID-19. The
government remains committed to introducing the remaining amendments to the act
recommended in the statutory review, and these are being actively progressed.
some notice of the question. I provide the following response on behalf of the
Attorney General.
(1)–(4)
The government has already implemented some of the recommendations of the
statutory review as part of legislation
urgently enacted in April 2020 in response to the COVID-19 pandemic. The
Guardianship and Administration Amendment (Medical Research) Act 2020
expedited particular recommendations from the statutory review in relation to
enabling and safeguarding decision-making processes to be carried out in
respect of medical research. It was urgent that this be enabled for treatment
of COVID-19, which only existed as an experimental treatment. As this
indicates, all governments have had to adapt their legislative agendas to meet
their overarching responsibility to respond appropriately to COVID-19. The
government remains committed to introducing the remaining amendments to the act
recommended in the statutory review, and these are being actively progressed.
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