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

VICTORIAN BAN ON 'DANGEROUS' CONVERSION PRACTICES LONG OVERDUE

The Victorian Greens have welcomed the introduction of a bill in Victorian Parliament that would outlaw sexuality and gender identity conversion practices across the state. The Greens have long joined calls from LGBTQA+ survivors for the state government to exercise its power to stamp out the dangerous and discriminatory practices,...

Road User Charging - Government Run Scheme Yes. Privatised No.

The more I look into the Victorian Labor governments Electric Vehicles tax, the more it becomes apparent that it is a first step toward allowing a future road user charge scheme to be privatised, undermining the benefits of such a scheme whilst profiting Transurban or some other profit hungry corporation....

Green’s oppose Labor’s electric vehicle tax

The Victorian Greens have slammed the Victorian Labor Government’s decision to introduce a user charge for electric vehicles and vow to oppose it in state parliament.   The Greens say the tax would be bad for our climate and the electric vehicle industry, and would discourage the uptake of electric...

Greens welcome thousands of new homes for people in need

The Victorian Greens have welcomed the state government’s announcement that it will fund thousands of new homes for people in need in the upcoming State Budget. They say the announcement follows years of advocacy from the Greens and housing advocates and will help to alleviate the state’s current public housing...