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

nsw guardianship law reform
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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


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SLIDE 1

NSW Guardianship Law Reform

October 2019

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SLIDE 2

Ageing NSW

DoJ 2

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

  • lder

Department of Justice

The demographic shift

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SLIDE 3

Older people and disability

3 Department of Justice

Disability

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SLIDE 4

UN Convention on the Rights of Persons with Disabilities

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SLIDE 5

What are we doing?

Justice 5 Department of Justice

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

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SLIDE 6

Review of Guardianship Laws

Justice 6 Department of Justice

NSW Law Reform Commission Report 145: Review of the Guardianship Act 1987

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SLIDE 7

What has been recommended?

7 Department of Justice

Assisted decision-making framework

Will and preferences Support agreements and

  • rders

One document for Enduring Power of Attorney & guardianship appointments & advance care directives

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SLIDE 8

What has been recommended?

Justice 8 Department of Justice

A Public Advocate

  • mediation, advocacy, training, education,

investigative, information sharing, investigating the need for an order Reviews of financial management orders by NCAT

Greater Oversight and education

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SLIDE 9

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

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SLIDE 10

Policy Reform & Legislation

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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

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SLIDE 11

Law Reform

Budget and Parliamentary Process

➢ Budget bid/Expenditure Review Committee ➢ Cabinet ➢ Bill drafted ➢ Exposure Draft? ➢ Bill introduced ➢ Debate ➢ Passed ➢ Act commences ➢ Implementation

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SLIDE 12

Questions / feedback

12 Department of Justice