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Legislative Council - Fifty-First Parliament, Third Session (51-3)
2009-12-01 Daily Xml
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POWERS OF ATTORNEY

The Hon. R.D. LAWSON (15:23): I seek leave to make a brief explanation before asking the Leader of the Government, representing the Attorney-General, a question on the subject of advance directions and powers of attorney.

Leave granted.

The Hon. R.D. LAWSON: Three pieces of South Australian legislation presently empower citizens to get others to make important decisions on their behalf. They are, first, a conventional power of attorney to act during one's absence or incapacity; secondly, an enduring power of attorney for financial decisions; thirdly, a medical power of attorney for medical decisions; and fourthly, an enduring power of guardianship for health and residential decisions.

In April 2007, the government established a group called the Advance Directives Review Committee, chaired by the Hon. Martyn Evans. It released an issues paper in which the government acknowledged the present unsatisfactory situation. In publicity, it said:

At the moment, completing advance directive forms can be confusing and complicated. Right now, you need to complete two or three different forms with different rules to appoint someone to make health, lifestyle or financial decisions...

The government further said:

The South Australian Government is concerned that currently advance directives are too complicated for people to complete easily and confidently. The Government has decided that advance directives need to be examined to find ways to make them easier to use.

In September 2008, the review committee published two substantial reports and made 36 recommendations. The principal recommendation was that the four forms be brought together under a single act and that an advance directives act be introduced with supporting forms and guidelines in simple non-legislative language. A report also emphasised the fact that there is a lack of awareness in the community of the present regime and that the advance directives are little used because they are not properly understood. The Advertiser reported in October that a senior government source had said that the government is too 'petrified' to open the 'Pandora's box' of end-of-life issues before next year's general election. The Attorney-General was quoted in The Advertiser as saying that he had read the reports and he found their reasoning 'impeccable'. He continued:

They will make life easier for thousands of families. The Rann government has a keen interest in making it easier for people to plan where and how they want to live, how they want their finances managed and what treatment they want to be offered...

Following that statement, quietly the reports of the advance directives committees have been put on a website. My questions are:

1. Is it true that the government has decided that it does not want to address this issue which has been recognised for so long before the state election?

2. When will the government announce what action it proposes to take in relation to these important matters?

The Hon. P. HOLLOWAY (Minister for Mineral Resources Development, Minister for Urban Development and Planning, Minister for Small Business) (15:28): I thank the honourable member for his questions. I will refer them to the Attorney-General and bring back a reply.

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