Guardianship and Administration and Other Legislation Amendment Bill 2018

As shadow Attorney-General, stated the LNP will not oppose the bill but raised significant concerns about unimplemented recommendations (14-13, 14-15, 15-1), the readability of redrafted principles, and the severe under-resourcing of QCAT.

“A clear and workable guardianship framework is paramount if Queenslanders with impaired capacity are to have strength and safeguards.”— 2019-03-26View Hansard

Supported the bill as committee chair, noting it makes important and practical changes for the most vulnerable Queenslanders, including reforms to enduring powers of attorney, ademption, and missing persons administration.

“There is no doubt that an effective guardianship system is vital for upholding the rights of interests of adults with impaired capacity.”— 2019-03-26View Hansard

Not opposing the bill but raised concerns about unimplemented recommendations 14-13, 14-15, and 15-1, the lack of a date for capacity assessment guidelines, and QCAT under-resourcing.

“We will not be opposing the bill, but there are some areas that raise concern.”— 2019-03-26View Hansard

Supported the bill, highlighting the significance of the Queensland Law Reform Commission's five-year review and the alignment with the UN Convention on the Rights of Persons with Disabilities.

“It is a clear declaration. We value all Queenslanders' inherent dignity and worth and understand that their equal and inalienable rights must be recognised and taken into account.”— 2019-03-26View Hansard

Not opposing the bill but raised concerns about unimplemented recommendations, the lack of information-sharing protocols between the Public Guardian and the Coroner, and QCAT under-resourcing.

“The LNP will not be opposing this bill, as has been said. However, there are some areas of concern which have been raised by some of the stakeholders that we would like to highlight.”— 2019-03-26View Hansard

Supported the bill, noting it plays a significant role in the lives of families caring for persons with disability, and highlighting its alignment with the UNCRPD and supported decision-making principles.

“This bill plays a significant role in the lives of those families who care for a person with a disability, serious health issue or impairment.”— 2019-03-26View Hansard

Supported the bill but criticised the government for taking too long to implement recommendations and for not fully addressing stakeholder concerns, particularly regarding QCAT resourcing.

“Vulnerable Queenslanders deserve better than a half job. Getting that right is critical to the lives of many Queenslanders caught up in our state's guardianship system.”— 2019-03-26View Hansard

Supported the bill, focusing on the statutory exception to ademption, safeguards for adults with impaired capacity, and the work of the Queensland Public Trustee.

“Guardianship legislation such as this will have relevance for most of us at some point in our lives.”— 2019-03-26View Hansard

Briefly spoke in support of the bill, sharing a constituent's case about a disabled son and the frustrations parents face when shut out of the guardianship system.

“Hopefully the amendments being introduced with this bill will allow the views of parents—those who love their children dearly and who are committed to their welfare—to be taken into account very seriously.”— 2019-03-26View Hansard

As Minister for Communities, Disability Services and Seniors, supported the bill's alignment with the UNCRPD and implementation of age-friendly community action plan items, including the Public Guardian's discretion to investigate complaints after death.

“Our job as a responsive government is to make sure that there is the best possible system in place for everyone—a system which is contemporary, easy to navigate and which makes sense.”— 2019-03-26View Hansard

As shadow minister for communities, disability services and seniors, not opposing the bill but raised concerns about the delay in implementation, unimplemented recommendations, and QCAT under-resourcing.

“It is now 2019 and Queenslanders have every right to question why another Labor government, the Palaszczuk Labor government, just like the Bligh government before it, has dragged its heels on such issues.”— 2019-03-26View Hansard

Supported the bill, emphasising the urgency of addressing financial abuse of seniors and strengthening eligibility requirements for enduring powers of attorney.

“We are a government that is committed to making sure adults with impaired capacity are protected by the law and that they have the right to live their lives without being subjected to abuse, neglect or exploitation.”— 2019-03-26View Hansard

Supported the bill, noting it addresses many of the 317 recommendations from the Law Reform Commission's review, but raised concerns about QCAT funding and the timeline for capacity assessment guidelines.

“It is hoped that the elderly and the most vulnerable people within every community are finally on the way to getting the care and support they need from the Queensland government.”— 2019-03-26View Hansard

Supported the bill, sharing a personal story about her sister-in-law's need for guardianship after a stroke, and highlighting provisions to protect against elder financial abuse and strengthen carer eligibility requirements.

“This situation sheeted home to all of us in our family how vulnerable some people are when they do not have the support of family or loved ones to look after them.”— 2019-03-26View Hansard

Supported the bill but strongly criticised QCAT under-resourcing, arguing that clause 8's human rights principles require swift access to justice which cannot be delivered without adequate funding.

“If we are here to protect the rights of those who are disabled, the first thing we should provide for them is access to justice that is simple, that is direct, that is funded, that is resourced and that is manpowered.”— 2019-03-26View Hansard

Supported the bill, focusing on protections for seniors and people with impaired capacity, the strengthening of enduring power of attorney eligibility, and QCAT's new powers for missing persons' estates, while calling for adequate QCAT resourcing.

“This bill seeks to strengthen Queensland's legislative framework in this regard. That is both welcome and overdue.”— 2019-03-26View Hansard

Supported the bill's protective provisions but emphasised that law is a paper tiger without proper QCAT resourcing, and called for public education about the changes to enduring powers of attorney.

“The law as a protector is a paper tiger if it is not properly resourced through those adjudicative bodies to provide timely and cost-effective access to justice.”— 2019-03-26View Hansard

Supported the bill but argued it is a missed opportunity to fully implement the CRPD's supported decision-making principle, shared a case of Public Trustee mismanagement of an Indigenous man's assets, and called for the Public Trustee to be appointed only as a last resort.

“Instead of patching up the contradiction, the whole system needs to be exposed and reformed in line with the CRPD.”— 2019-03-26View Hansard

Not opposing the bill but criticised the delay in implementing the QLRC recommendations and raised concerns about QCAT under-resourcing, noting a 21.5 per cent increase in guardianship matters.

“Any further delay in appropriate resourcing for QCAT will inevitably result in the tribunal being unable to deliver anything like quick and accessible civil justice to Queenslanders.”— 2019-03-26View Hansard

Supported the bill, sharing a constituent case where the Public Trustee was appointed as guardian ahead of a willing family member, and urged implementation of recommendations 14-13 and 14-15 to prioritise family guardians.

“Surely that person should be appointed as a guardian. First and foremost, this should occur before any consideration is given to anyone else, particularly the Public Trustee.”— 2019-03-26View Hansard

Briefly supported the bill, noting it addresses an ageing population's needs, but raised concerns about the lack of a timeline for capacity assessment guidelines and the need for adequate QCAT resourcing.

“It is vital to have processes that are effective, fair, economical and timely.”— 2019-03-26View Hansard

Briefly supported the bill, criticising the government for prioritising other legislation over this important reform and raising concerns about QCAT pressure.

“This is important legislation despite the lack of importance shown to it by this government.”— 2019-03-26View Hansard

Not opposing the bill, shared a constituent case where guardianship orders were made without adequate family consultation, highlighting the emotional and financial toll on families.

“The money required to be spent on legal fees could perhaps have been much better spent on addressing some of his brother's needs.”— 2019-03-26View Hansard

As Attorney-General, delivered the reply speech, addressing concerns about fluctuating capacity, noting it was not appropriate to transition to that model at this time, and highlighting work on redesigning enduring power of attorney forms and capacity assessment guidelines.

“Whatever we choose to do around guardianship going forward has to take all of that into account. That is what we will seek to do in ongoing reform in this area to ensure that those most vulnerable in our community remain protected and safe.”— 2019-03-26View Hansard