Elder Abuse

Ms BEDFORD (Florey) (14:45): My question is to the Attorney-General. What consideration have you given to reform and national harmonisation of power of attorney laws to better protect older South Australians, especially from financial abuse, and have you considered including yearly reporting and auditing of financial statements by appointed substitute decision-makers in a similar form to that required in incorporated associations to ensure an extra safeguard and transparency for both the donor and potential beneficiaries?

The Hon. V.A. CHAPMAN (Bragg—Deputy Premier, Attorney-General) (14:46): I thank the member for her question. Perhaps I will address the second issue first in relation to the auditing process to provide that extra security that has been referred to. Can I say that this issue—that is, providing extra security against financial abuse of older persons particularly—I don't doubt will be an important chapter that comes to us out of the royal commission that is currently underway; however, we don't want to wait that long and I don't think we should. Therefore, there's some work being done as to how we might better secure and protect older persons, and part of that, of course, is being able to have a power of attorney process that is effective.

The member might recall there had been some earlier work done on this by the previous government when they attempted to deal with the issue, which unfortunately only culminated in the advance care directive legislation and not the power of attorney rewrite and reform, which clearly is still needed. The former minister—I recall it was the Hon. John Hill—started that project. It got very difficult. He progressed the advance care directives and, as was evident from the reports that he made to parliament, he would look at these other aspects, the financial aspects, at a later time.

Unfortunately, that didn't ever happen. We think it is still important to review so that where possible, as people mature in age and perhaps need further assistance particularly, they be able to have the opportunity to determine their own financial future and manage their own financial affairs where possible. The power of attorney instrument is important in that regard and the reforms that are needed in that area I think will advance it. So, yes, that is under consideration.

Tomorrow, the Council of Attorneys-General will meet here in Adelaide and I will have the privilege of chairing that meeting. That issue, not only of financial abuse of our older citizens but also harmonisation of power of attorney work, will be reported on because we have a working committee considering that and, secondly, other areas of protection against direct financial abuse or exploitation of older persons.