Guardianship and Administration and Other Legislation Amendment Bill 2018
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
Referred to Legal Affairs and Community Safety Committee
▸16 members spoke16 support
As shadow Attorney-General, announced the LNP will not oppose the bill, while raising concerns about the lengthy delay in implementing recommendations, the clarity of redrafted principles, and QCAT under-resourcing.
“Let me start by saying that the LNP will not be opposing the bill. A clear and workable guardianship framework is paramount if Queenslanders with impaired capacity are to have strength and safeguards.”— 2019-03-26View Hansard
As a committee member and former lawyer, strongly supported the bill, drawing on his 20 years of legal experience dealing with guardianship matters and noting how the amendments would benefit vulnerable Queenslanders.
“I rise in the House today to support the passing of this legislation. The committee's task was to consider the policy outcomes to be achieved by this legislation as well as the application of the fundamental legislative principles.”— 2019-03-26View Hansard
Supported the bill while acknowledging concerns about clarity of some provisions, QCAT resourcing, and the importance of the general principles for protecting vulnerable people. Acknowledged constituents who advocated for these changes.
“We need to remember that what we are doing here today is about those people in our communities who are vulnerable.”— 2019-03-26View Hansard
As a committee member, supported the bill while highlighting stakeholder concerns about clarity, the need for QCAT resourcing, and criticism of government delays in implementing the Law Reform Commission recommendations.
“Guardianship is a very serious matter. It pertains to life-changing events. Whenever we are involved in making law in these areas I think it is important that we really take note.”— 2019-03-26View Hansard
Strongly supported the bill, emphasising its improvements for vulnerable Queenslanders and praising the work of the Public Trustee. Highlighted the statutory exception to ademption as a significant and positive reform.
“There is a quote often misattributed to Mahatma Gandhi that a nation's greatness is measured by how it treats its weakest members. This guardianship legislation is, in a modest but tangible way, improving protections for those members of society.”— 2019-03-26View Hansard
As shadow minister for communities, disability services and seniors, stated the LNP will not oppose the bill while criticising the lengthy delay in implementation and noting the importance of guardianship reform given Australia's ageing population.
“The hallmark of any civilised society, particularly one as enriched as our own here in Queensland and Australia, is the way in which that society looks after those who cannot look after themselves.”— 2019-03-26View Hansard
Spoke in strong support of the bill, emphasising the government's commitment to protecting adults with impaired capacity and addressing elder financial abuse, which she noted is an increasingly urgent issue.
“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
Made a brief contribution supporting the bill while noting concerns about the need for swift delivery of guidelines and adequate resourcing for QCAT, particularly in regional areas.
“Most especially, 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
Spoke in support, drawing on personal experience with her sister-in-law who needed guardianship after a stroke. Emphasised the importance of guidelines and structure to protect vulnerable people.
“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. This bill is much needed.”— 2019-03-26View Hansard
Supported the bill, particularly provisions strengthening EPA safeguards and preventing paid carers from becoming attorneys. Raised concerns about QCAT resourcing needed to implement the reforms.
“Chief among those concerned with the bill are Queensland seniors. We live at a time when caring for our seniors has never had more public attention.”— 2019-03-26View Hansard
Supported provisions providing greater protection while raising significant concerns about QCAT resourcing, the need for timely access to justice, and calling for supported decision-making rather than substituted decision-making in line with the UN Convention on the Rights of Persons with Disabilities.
“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 while criticising delays in implementation and raising concerns about QCAT under-resourcing. Highlighted dementia prevalence projections for his Gold Coast electorate to illustrate future need.
“Whilst the LNP would like to note there are areas of concern, as rightly pointed out by stakeholders in their submissions and as the shadow Attorney has mentioned, we will not be opposing this.”— 2019-03-26View Hansard
Supported the bill while sharing a constituent case where a family member faced difficulties navigating the guardianship system. Raised concerns about Public Trustee being appointed over family members and QCAT resourcing.
“I thank the committee, departments, agencies, all who made submissions and were involved in the work on this and also MPs for the really good debate regarding this bill today. I commend the bill.”— 2019-03-26View Hansard
Made a brief contribution supporting the bill while criticising the government's priorities and delays in bringing the legislation forward. Noted QCAT is under significant pressure.
“Like other members of the LNP, I do support the bill. I note that this legislation seeks to implement recommendations now many years old.”— 2019-03-26View Hansard
Supported the bill while sharing a constituent case involving complex guardianship issues following a family death. Raised concerns about clarity of legislation and QCAT consultation processes.
“It is important to make meaningful improvements to the safeguards for some of our community's most vulnerable people which is why we will not be opposing the bill.”— 2019-03-26View Hansard
As Attorney-General, delivered the reply speech thanking members for their support. Defended the government's timeline, addressed questions about fluctuating capacity models, and outlined complementary work on redesigning EPA and advance health directive forms.
“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
Plain English Summary
Overview
This bill modernises Queensland's guardianship laws to better protect adults who cannot make their own decisions due to illness, disability or age. It strengthens safeguards against abuse by attorneys and administrators, aligns the system with international human rights standards, and improves accountability when things go wrong. The bill also makes separate changes to integrity advice for public servants and corruption reporting by government corporations.
Who it affects
Adults with impaired decision-making capacity and their families benefit from stronger protections. Attorneys and administrators face clearer rules and greater accountability. Will beneficiaries are protected when property is sold for aged care.
Guardianship system reforms
The main part of this bill updates Queensland's guardianship laws based on a five-year review by the Queensland Law Reform Commission. It redrafts the principles guiding decision-making to align with the UN Convention on the Rights of Persons with Disabilities, and implements recommendations from the Age Friendly Community Action Plan.
- General principles and health care principles rewritten to emphasise respecting the adult's rights, wishes and preferences
- Attorneys must have capacity and cannot have been a paid carer in the previous three years
- Maximum of four joint attorneys under an enduring power of attorney
- QCAT can appoint administrators for missing persons without waiting seven years
- When property is sold by an administrator or attorney, will beneficiaries still receive the proceeds (statutory exception to ademption)
- QCAT can order former attorneys and administrators to pay compensation even after the adult dies
- New criminal offence for taking reprisal action against whistleblowers
- Public Guardian can investigate complaints even after an adult's death
- Minister must publish guidelines for assessing capacity
Integrity Commissioner access
Senior public servants can now seek ethics advice from the Integrity Commissioner directly, without needing written approval from their boss. Former officials can seek advice for up to two years after leaving their position.
- Senior executives and officers no longer need chief executive approval to request ethics advice
- Former designated persons can seek advice on post-separation obligations for two years
Government corporation corruption reporting
Resolves a conflict between Queensland and federal law that prevented government-owned corporations from reporting corruption allegations to the Crime and Corruption Commission.
- GOC Act and Public Interest Disclosure Act declared as displacement provisions for the Corporations Act
- Government-owned corporations can now report corrupt conduct without breaching federal confidentiality requirements