3158.  Hon Alison Xamon to the Leader of the House representing the Attorney General:

I refer to Recommendation 5-3 of the Australian Law Reform Commission (ALRC) 2017 Report 131 into elder abuse, and I ask:

(a)  has the McGowan Government taken steps to harmonise its powers of attorney legislation with other States and Territories;

(b)  if yes to (a):

(i)  what steps have been taken; and

(ii)  when is it anticipated this work will be finalised; and

(c)  if no to (a), why not?

Hon Sue Ellery replied:

(a)  Yes.

(b)       (i)

There is significant diversity in enduring power of attorney legislation across Australia. The State Government is working with the Commonwealth Government and other States and Territories on possible nationally consistent laws governing enduring powers of attorney. The Council of Attorneys-General (CAG) agreed to a staged approach to greater national consistency, with an initial focus on the reforms necessary to support the establishment of a national register of financial enduring powers of attorney.

(ii) The CAG work is ongoing. It is anticipated that a final proposal on the national register, and the initial law reforms required to support the register, will be presented to the CAG in mid-2021. Subsequent discussions will consider further law reform to enduring powers of attorney to establish common approaches across jurisdictions.

(c) N/A.


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