Skip navigation

Powers of Attorney Amendment Bill 2016

profile image
Sam Hibbins MP
Member for Prahran
1 December 2016

Mr HIBBINS (Prahran) — The Greens will be supporting this amendment because I understand it was a Greens amendment that was originally moved to be part of this bill in the upper house. The government looked at the amendment, agreed with the principle and then introduced its own amendment.

The amendment primarily deals with the situation where a family member may have a hearing at the Victorian Civil and Administrative Tribunal (VCAT) to seek changes to the scope of a power of attorney or make other changes without other members of the family who have a special interest in the person who was given the original enduring power of attorney knowing — and where those members, upon finding out about the hearing, may have a view — that what was sought might not be in the best interests of the family member who was the subject of the power of attorney and so might wish to seek a rehearing.

Given that they would not have been notified in the first instance — possibly deliberately — by the person who appeared at VCAT, the original bill did not necessarily allow the family member any right to seek a rehearing at VCAT when they certainly should have had that right.

This amendment provides that if a person has an interest but was not advised of the earlier hearing they can apply for a rehearing with the leave of VCAT. The aim is to improve the bill to make sure that we are protecting the interests of the principal person and the people who are looking after their interests where a mistake has been made in regard to notification or in cases where it was done deliberately.

It is unfortunate that there may be some people who deliberately want to do this sort of thing, but this amendment aims to protect the person who is having their financial and other affairs looked after under a power of attorney, so we will be supporting this amendment.

Motion agreed to.

profile image
Sam Hibbins MP
Member for Prahran
1 December 2016
SHARE:

WHAT I'M FIGHTING FOR


LATEST NEWS

PARLIAMENT

Members statement: Prahran public housing

The government must improve living conditions at our local public housing estates in the Prahran electorate. My office continues to hear from countless residents about the substandard conditions in both high-rise apartments and walk-ups. At 2 Simmons Street, South Yarra, the first two floors were renovated 10 years ago, with the government...

PARLIAMENT

Constituency questions: Solar for Prahran residents

My constituency question is for the Minister for Solar Homes, who is in the chamber today, and I ask: what is the government doing to ensure that residents in the Prahran electorate can access the Solar Homes program and increase the uptake of solar within our community? Our community wants...

PARLIAMENT

Members statement: Transition from gas

This week the Greens introduced our Planning and Environment Amendment (Transition from Gas) Bill 2022 to change the ridiculous planning laws that we have in this state that force new homes to connect to gas when we know just how expensive, how unhealthy and how bad for our climate it is....

PARLIAMENT

Members statement: Federal election 2022

I want to congratulate our local terrific federal Greens candidates Steph Hodgins-May and Sonya Semmens and their amazing teams for their energetic campaigns, Greens Senator Lidia Thorpe for her re-election and Adam Bandt and the entire Greens team on their relentless campaign tackling climate and inequality—so fantastic to see the...