3157. Hon Alison Xamon to the Leader of the House representing the Attorney General:
I refer to the Australian Law Reform Commission (ALRC)2017 Report131 into elder abuse, and to Recommendation 5-1 regarding safeguards against the misuse of an enduring document, and I ask:
(a) has the Government taken any steps to address these recommendations;
(b) if yes to (a):
(i) what work has been undertaken;
(ii) which recommendations from 5-1(a) to 5-1(g) have been addressed; and
(iii) when is it anticipated outstanding recommendations will be addressed; and
(c) if no to (a), why not?
Hon Sue Ellery replied:
(a) Recommendation 5-1 seeks to achieve national consistency in safeguards against the misuse of an enduring document in state and territory legislation. Through the Council of Attorneys-General (CAG), the State Government is working with the Commonwealth Government and other States and Territories, to establish common approaches in enduring powers of attorney across jurisdictions.
(b) (i)
The CAG agreed to a staged approach to enduring power of attorney reform, with an initial focus on the establishment of a national register of financial enduring powers of attorney. Significant discussion and work has been undertaken to identify options for harmonisation and to investigate the law reforms necessary to support a national register.
(ii) The second stage of the CAG work will focus on consideration of the reforms necessary to enhance safeguarding provisions for enduring powers of attorney.
Some of the recommendations contained in 5-1 are already supported by the Guardianship and Administration Act 1990 (WA), and will be strengthened by amendments proposed by the Statutory Review of the Guardianship and Administration Act 1990 (WA).
(iii) The CAG work is ongoing. Consideration of specific safeguarding reforms will begin following agreement on the design and implementation of a national register of enduring powers of attorney.
Drafting of an Amendment Bill to implement the recommendations of the Statutory Review of the Guardianship and Administration Act 1990 (WA) has commenced.
(c) N/A.