Related Pages
- Abortion submissions closed
- An inclusive, innovative and independent Law Reform Commission for Victoria
- Assisted reproduction research released
- Bail laws in need of rewrite
- Bail review hits town
- Civil Justice review extended
- Civil law under review
- Criminal justice system fails victims of sexual assault
- Criminal Trials Juries Review
- Defences to homicide paper focuses on gender bias and mental impairment
- Ex-judge guides juries review
- Family violence laws fail gay and lesbian victims
- Family violence laws fail Indigenous victims
- Family violence laws fail victims
- Family violence laws fail victims from non-English speaking backgrounds
- Family violence laws fail young women
- Guardianship - Background facts
- Guardianship
- Guardianship - Terms of Reference
- Have Your Say About the Law
- Intervention orders fail Indigenous victims
- Intervention orders no protection for NESB victims
- Intervention orders no protection in rural Victoria
- IVF access changes in the air
- Media Releases
- Murder laws need reform
- Parents to tell IVF kids
- Privacy open for discussion
- Reform targets children's best interests
- Reforms to simplify criminal trials
- Rental blacklists open for scrutiny
- Shaking up sex offences laws
- Surrogacy law needs clarification
- Surveillance in the public eye (media release)
- Tackling violent families
- Victoria moves closer to national evidence laws
- Victoria set for quicker, fairer trials
- Victorian Law Reform Commission completes first inquiry
- Victorian Law Reform Commission releases first publication
- VLRC Discussion Paper says rape convictions down
- Victorian Law Reform Commission visits Hume region
- Victorian Law Reform Commission visits Mildura
- VLRC aims for cheaper, fairer, simpler litigation
- VLRC recommends bail overhaul
- VLRC releases consultation paper on access to ART and adoption
- VLRC to overhaul evidence laws
Guardianship laws to be reviewed
The laws and practices that protect Victorians with impaired decision-making capacity will be reviewed by the Victorian Law Reform Commission to ensure they reflect modern standards and a changing population.
Chair of the commission, Professor Neil Rees, welcomed the reference from the Attorney-General and said it was the first time a comprehensive review of Victoria’s guardianship and administration laws had been undertaken in over twenty years.
“There are a number of Victorians in a variety of circumstances who need important decisions made on their behalf, or assistance with those decisions. This group is expected to grow with an ageing population,” Professor Rees said.
“It is important to recognise the diversity of those people covered by this review for there are many reasons why a person may not be able to make important decisions. The commission will be consulting widely to ensure the different needs of these people are met.”
Professor Rees said the commission is required under the terms of reference to be guided by principles of respect for dignity and individual autonomy and to advance, promote and protect the rights of people with impaired decision making capacity.
“It is essential that this part of the community has adequate protection in line with contemporary views on guardianship and administration when a decision concerning personal and financial matters is made on their behalf,” he said.
“Both the current law and any changes proposed by the commission must be consistent with Australia’s human rights obligations and the Victorian Charter of Human Rights.”
In particular the commission is to have regard to:
- the role of guardians and administrators
- the need to balance the protection of a person with impaired capacity by a guardian or administrator with the person’s exercise and enjoyment of their human rights
- the alignment of guardianship and administration law with other relevant laws
- the role of informal decision-making for an adult with impaired capacity
- the functions, powers and duties of the Public Advocate
- the role and powers of the Victorian Civil and Administrative Tribunal and the appointment of guardians and administrators
- consideration of existing laws that deal with medical research, non-medical research, medical and other treatment of a represented person.
The terms of reference specifically state that issues associated with end of life decisions beyond those currently dealt with by the Medical Treatment Act 1988 are not within the scope of this review.
Professor Rees said the commission would begin initial extensive consultations ahead of publishing a Consultation Paper next year. A Final Report is due to the Attorney-General by June 30 2011.
For the complete terms of reference visit: www.lawreform.vic.gov.au