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Legislative Council - Fifty-Second Parliament, Second Session (52-2)
2013-03-06 Daily Xml
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POWERS OF ATTORNEY AND AGENCY (INTERSTATE POWERS OF ATTORNEY) AMENDMENT BILL

Second Reading

Adjourned debate on second reading.

(Continued from 27 June 2012.)

The Hon. K.J. MAHER (17:50): I rise to indicate the government's support for this bill. The need for law reform in the area of financial powers of attorney, including enduring powers of attorney, has been raised over a number of years. Last year, cabinet approved the drafting of the bill to reform the laws regarding financial powers of attorney and instructions were provided to parliamentary counsel and a new bill has been drafted. This draft bill from the government includes a provision for mutual recognition of interstate enduring powers of attorney.

The government appreciates the difficulties faced by South Australians such as adult children managing one or both of their parents' financial affairs in their elderly years. The government also appreciates that these difficulties can be compounded in circumstances where a person is unable to manage the affairs of their parent on their behalf, such as bank managing, or accounts, or for nursing homes, because interstate enduring powers of attorney providing them with the necessary power is not recognised in South Australia.

The amendment proposed by the Hon. Michelle Lensink provides for a mutual recognition of interstate powers of attorney and, therefore, provides a practical solution to a problem facing South Australians. On this basis, we will be supporting the bill and, further, I am pleased that the government will shortly be introducing a range of reforms regarding powers of attorney which will include the regulation of how people use powers of attorney to manage their financial affairs in the event of the loss of decision-making capacity, enhancing the appointed representative's awareness of their obligations and making them more accountable, clarifying the law for third parties who must transact with incapacitated people through their appointed financial representatives, and establishing an accessible dispute resolution process. I indicate the government's support for this bill.

The Hon. T.A. FRANKS (17:51): I rise on behalf of the Greens, very briefly, to indicate our support for the Powers of Attorney and Agency (Interstate Powers of Attorney) Amendment Bill introduced by the Hon. Michelle Lensink in this place and to commend her for doing so. I think it is testament to the strength of the bill that not only does it have the support of the Law Society of South Australia, the Aged Care and Community Services SA and NT, and a number of other relevant authorities, but it has, I believe, wide cross-party support. The Greens are happy to support matters such as this coming to this place, and certainly commend the government for its willingness to work with the opposition on this issue.

The Hon. S.G. WADE (17:52): I would like to briefly respond to the comments of the Hon. Kyam Maher on behalf of the government. As I understood his comments, the government is about to introduce, shall we say, a more comprehensive review of powers of attorney in the form of a bill. I am surprised to hear that because the Advance Care Directives Bill that earlier this year was a high priority for this government, we have not heard anything of it since. That bill emanated from an advance care directives review chaired by the Hon. Martyn Evans, and they specifically recommended that powers of attorney be updated in the context of the Advance Care Directives Bill.

I would urge the government to table their powers of attorney bill as soon as possible and that the opportunity be taken to consider to what extent they reflect the recommendations of the advance care directives review and whether those changes should be more appropriately dealt with in the Advance Care Directives Bill.

The Hon. J.M.A. LENSINK (17:53): I would like to thank speakers who have made comments in relation to this bill, the Hon. Kyam Maher, the Hon. Tammy Franks and the Hon. Stephen Wade, and thank the Attorney-General for responding by letter indicating that the government will be supporting this bill and recognising it. The current situation is causing ongoing hardship. I also place on the record an update which was referred to in the Hon. Tammy Franks' contribution that the Law Society has subsequently written to me post-June last year and advised that they do support the bill. I would also like to thank the people of Mount Gambier and other border communities for bringing this matter to our attention.

Bill read a second time.

Committee Stage

Bill taken through committee without amendment.

Third Reading

The Hon. J.M.A. LENSINK (17:57): I move:

That this bill be now read a third time.

Bill read a third time and passed.


[Sitting suspended from 17:58 to 19:45]


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