NSW Guardianship Law Reform October 2019 Ageing NSW The - PowerPoint PPT Presentation

NSW Guardianship Law Reform October 2019

Ageing NSW The demographic shift By 2031, around 20 per cent of NSW, will be aged 65 and over one in three people in NSW will be aged 50 years or older Department of Justice DoJ 2

Older people and disability Disability Department of Justice 3

UN Convention on the Rights of Persons with Disabilities 4

What are we doing? ALRC Report on Elder Abuse Royal Commission into Aged Care Royal Commission into Disability National Plan on Elder Abuse NSW Parliamentary Inquiry into Elder Abuse Full implementation of the NDIS United Nations Convention, Article 12 Department of Justice Justice 5

Review of Guardianship Laws NSW Law Reform Commission Report 145: Review of the Guardianship Act 1987 Department of Justice Justice 6

What has been recommended? Assisted decision-making framework Will and preferences Support agreements and orders One document for Enduring Power of Attorney & guardianship appointments & advance care directives Department of Justice 7

What has been recommended? Greater Oversight and education A Public Advocate - mediation, advocacy, training, education, investigative, information sharing, investigating the need for an order Reviews of financial management orders by NCAT Department of Justice Justice 8

What are other States Doing? Victoria and Queensland ➢ Guardianship and Administration Act 2019 – passed 28 May 2019, assent 4 June 2019, commences 1 March 2020 ➢ Guardianship and Administration and other Legislation Amendment Act 2019 – amendment of Guardianship and Administration Act 2000 - assent 11 April 2019, to commence April 2020 9

Policy Reform & Legislation Process for Law Reform - What do we do? - Analysis of issues - Consultation - Review literature - Observe operational settings - Cost reforms - Brief Ministers on recommended reform Department of Justice 10

Law Reform Budget and Parliamentary Process ➢ Budget bid/Expenditure Review Committee ➢ Cabinet ➢ Bill drafted ➢ Exposure Draft? ➢ Bill introduced ➢ Debate ➢ Passed ➢ Act commences ➢ Implementation 11

Questions / feedback Department of Justice 12