appendices contents · 31 pamela faulkner 14 may 2010 32 nsw guardianship tribunal 14 may 2010 33...
TRANSCRIPT
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CONTENTS1: Consultative Committee members 588
2: Reference Committee members 589
3: Information paper submissions 590
4: Information paper consultations 592
5: Consultation paper submissions 594
6: Consultation paper consultations 597
Bibliography 599
Appendices
588 Victorian Law Reform Commission – Guardianship: Final Report 24
Appendix 1 CONSuLTaTiVE COmmiTTEE mEmbERS
Ms Julie Anderson, Consumer Consultant, Mental Illness Fellowship Victoria
Ms Ruth Dwinger, Counsellor, Alzheimer’s Australia Vic
Mr Martin Healy, Advocate, Youth Disability Advocacy Network
Ms Sharon Granek, Coordinator, Disability Advocacy Resource Unit
Ms Deidre Griffiths, Principal Lawyer & Executive Officer, Villamanta Disability Rights Legal Service
Ms Catherine Leslie, Lawyer/Policy worker, Mental Health Legal Centre
Ms Licia Kokocinski, former Executive Director, Advocacy, Disability, Ethnicity, Community
Ms Jeni Lee, former Principal Solicitor, Seniors Rights Victoria
Ms Jenny Blakey, Manager, Seniors Rights Victoria
Ms Lyn MacDonald, Project Worker, Brain Injury Matters Inc
Ms Tricia Malowney, Chair, Women with Disabilities Victoria
Ms Margaret McLaren, Policy Council Member, Council on the Ageing Victoria
Ms Cath McNamara, former Policy Officer, Action for Community Living
Mr Marc Paradin, Policy Officer, Victorian Coalition of ABI Service Providers
Ms Penny Paul, Coordinator: Carer Consultations, Carers Victoria
Mr Kevin Stone, Executive Officer, The Victorian Advocacy League for Individuals with Disability Inc (VALID)
589
Appendix 2 REfERENCE COmmiTTEE mEmbERS
Mr John Billings, former Deputy President, Victorian Civil and Administrative Tribunal
Professor Terry Carney, Faculty of Law, University of Sydney
Mr Matthew Carroll, President, Mental Health Review Board of Victoria
Dr Jeffrey Chan, former Senior Practitioner, Disability Services, Department of Human Services
Mr Alistair Craig, Senior Corporate Lawyer, State Trustees Limited
Ms Anne Coghlan, Deputy President, Human Rights Division, Victorian Civil and Administrative Tribunal
Associate Professor Leanna Darvall, Faculty of Medicine, Nursing & Health Sciences, Monash University
Professor Peteris Darzins, Professor of Geriatric Medicine, Monash Medical School & Director of Geriatric Medicine, Eastern Health
Mr Julian Gardner, former Public Advocate and holder of other public offices
Professor Ian Freckelton SC, Victorian Bar, Professor, Faculties of Law and Humanities, Monash University
Mr John Lesser, Magistrate, Magistrates’ Court of Victoria
Professor Danuta Mendelson, Chair in Law (Research), Faculty of Law, Deakin University
Ms Colleen Pearce, Public Advocate, Victoria
Professor Loane Skene, Faculty of Law, The University of Melbourne
Professor Bernadette McSherry, Faculty of Law, Monash University
Ms Fiona Smith, former Chairperson of the Victorian Equal Opportunity and Human Rights Commission, former member of the Guardianship Board
Dr Ruth Vine, Chief Psychiatrist, Department of Health
590 Victorian Law Reform Commission – Guardianship: Final Report 24
Appendix 3 iNfORmaTiON papER SubmiSSiONS
No Submitter / Organisation Date Received
1 Carers Victoria 28 May 2010 (revised)
2 Anonymous 13 October 2009
3 Stephanie Mortimer 13 January 2010
4 Confidential 29 March 2010
5 Southwest Advocacy Association 12 April 2010
6 Mark Lacey 21 April 2010
7 Stephanie Mortimer 27 April 2010
8 Office of the Public Advocate (Victoria) 7 May 2010
9 Royal District Nursing Service 7 May 2010
10 Gippsland Carers Association Inc. 10 May 2010
11 Tony and Heather Tregale 11 May 2010
12 Katherine Haggarty 11 May 2010
13 Anonymous 11 May 2010
14 Anthony J Walsh 13 May 2010
15 Confidential 13 May 2010
16 Mark Feigan 13 May 2010
17 Psychiatric Disability Services of Victoria (VICSERV) 13 May 2010
18 BMC Ministries Inc 13 May 2010
19 Scope (Vic) Ltd 13 May 2010
20 Dying With Dignity Victoria Inc 13 May 2010
21 BENETAS 13 May 2010
22 Epworth Foundation 13 May 2010
23 Mental Illness Fellowship Victoria 14 May 2010
24 St Kilda Legal Service 14 May 2010
25 Eve Kinnear 14 May 2010
26 The Alfred 14 May 2010
27 Marillac 14 May 2010
28 a, b People with Disability Australia (PWD) 14 May 2010
29 Australian Association of Social Workers (AASW) 14 May 2010
30 Victorian Aboriginal Legal Service (VALS) 14 May 2010
31 Pamela Faulkner 14 May 2010
32 NSW Guardianship Tribunal 14 May 2010
33 Trustee Corporations Association of Australia 14 May 2010
34 Anonymous 14 May 2010
35 Loddon Campaspe Community Legal Centre 14 May 2010
36 Royal College of Nursing Australia 14 May 2010
37 Victorian Equal Opportunity and Human Rights and Commission (VEOHRC) 14 May 2010
38 Dr John B Myers 14 May 2010
39 Aged Care Assessment Service in Victoria (ACAS) 14 May 2010
40 Australian & New Zealand Society for Geriatric Medicine 14 May 2010
591
No Submitter / Organisation Date Received
41 Anonymous 14 May 2010
42 Office of the Health Services Commissioner 17 May 2010
43 Victoria Legal Aid (VLA) 18 May 2010
44 Australian Bankers’ Association (ABA) 19 May 2010
45 Victoria Police 19 May 2010
46 Troy Huggins 20 May 2010
47 Law Institute of Victoria Ltd (LIV) 21 May 2010
48 Victorian Institute of Forensic Mental Health 24 May 2010
49 a, b Council on the Ageing (COTA) Victoria and
Seniors Rights Victoria
24 May 2010
50 Action for Community Living 26 May 2010
51 Confidential 28 May 2010
52 Spectrum Migrant Resource Centre 28 May 2010
53 Anita Smith 31 May 2010
54 PILCH Homeless Persons’ Legal Clinic 31 May 2010
55 The Australian Psychological Society Ltd 31 May 2010
56 JacksonRyan Partners 15 June 2010
57 Alfred Hospital Ethics Committee and General Ethical Issues Sub-Committee 23 September 2010
58 Mental Health Legal Centre (MHLC) 20 October 2010
59 State Trustees Limited 1 November 2010
60 Guardianship Board of South Australia 3 November 2010
592 Victorian Law Reform Commission – Guardianship: Final Report 24
Appendix 4 iNfORmaTiON papER CONSuLTaTiONS
No Name Date
1 The Victorian Advocacy League for Individuals with Disability Inc (VALID) Western Regional Client Network
2 March 2010
2 VALID Northern Regional Client Network 3 March 2010
3 State Trustees Limited 9 March 2010
4 Debra Parnell – Council on the Ageing (COTA) Victoria 9 March 2010
5 Office of the Public Guardian, Alberta, Canada 16 March 2010
6 Dr Jeffrey Chan – Senior Practitioner at Department Human Services, Victoria 16 March 2010
7 Office of the Public Advocate 16 March 2010
8 John Billings 17 March 2010
9 Australian Bankers’ Association (Sydney – phone) 18 March 2010
10 Fiona Smith 18 March 2010
11 Seniors groups roundtable (Aged and Community Care Victoria; COTA Victoria; Seniors Information Victoria; Seniors Rights Victoria; Elder Rights Advocacy; National Seniors (Victoria); Housing for the Aged Action Group)
26 March 2010
12 Julian Gardner 26 March 2010
13 Roundtable with people with disabilities, carers and advocates in Morwell (in partnership with Gippsland Disability Resource Council)
29 March 2010
14 Roundtable with service providers in Morwell (in partnership with Gippsland Disability Resource Council)
29 March 2010
15 NIDUS Personal Planning Resource Centre and Registry, British Columbia, Canada 31 March 2010
16 Respecting Patient Choices Team –– Austin Hospital 6 April 2010
17 Mental Health Legal Centre 7 April 2010
18 Roundtable with mental health consumers (in partnership with Mental Health Legal Centre Inc (MHLC) and Victorian Mental Illness Awareness Council (VMIAC))
7 April 2010
19 Roundtable with carers in Hastings (in partnership with Carers Victoria) 8 April 2010
20 Roundtable with trustee organisations (ANZ Trustees Ltd; Equity Trustees Ltd; Trust Company Ltd (in partnership with Trustee Corporations Association))
9 April 2010
21 Ruth Vine – Chief Psychiatrist, Department of Health, Victoria 9 April 2010
22 Law Institute Victoria 13 April 2010
23 FTL Judge and Papaleo 14 April 2010
24 Mental Illness Fellowship Victoria 14 April 2010
25 Roundtable with carers, people with disabilities and service providers in Ballarat (in partnership with Grampians Disability Advocacy)
15 April 2010
26 Alzheimer’s Australia Vic 19 April 2010
27 Villamanta Disability Rights Legal Service 19 April 2010
28 VAILD Southern Regional Client Network 20 April 2010
29 David Green 21 April 2010
30 Action on Disability within Ethnic Communities (now Advocacy Disability Ethnicity Community)
21 April 2010
31 Roundtable with carers and service providers in Shepparton (in partnership with Regional Information & Advocacy Council (RIAC))
22 April 2010
32 Roundtable with service providers in Mildura (in partnership with RIAC) 27 April 2010
593
No Name Date
33 Roundtable with carers and people with disabilities in Mildura (in partnership with RIAC)
27 April 2010
34 Mallee Family Care, Mildura 28 April 2010
35 Oasis Aged Care, Mildura 28 April 2010
36 Principal Aged Care Mildura 28 April 2010
37 Centrelink (Canberra – phone) 30 April 2010
38 Roundtable with people with acquired brain injuries (in partnership with Brain Injury Matters)
3 May 2010
39 Roundtable with Federation of Community Legal Centres – Elder Law Group 3 May 2010
40 Roundtable with Self Advocacy Resource Unit (SARU) 4 May 2010
41 Margaret Ryan and Max Jackson 4 May 2010
42 Roundtable with Disability Advocacy Resource Unit (DARU) 5 May 2010
43 Victorian Aboriginal Legal Service 6 May 2010
44 Roundtable with metropolitan carers (in partnership with Carers Victoria) 6 May 2010
45 Family members – guardians and administrators 7 May 2010
46 Tony and Heather Tregale 7 May 2010
47 Mary Dight 7 May 2010
48 State Trustees client 7 May 2010
49 Roundtable with Royal District Nursing Service 10 May 2010
50 Spectrum Migrant Resource Centre 12 May 2010
51 Aged and Community Care Victoria 12 May 2010
52 Forum with Gippsland Carers Association 25 May 2010
53 Victorian Civil and Administrative Tribunal Members 2 June 2010
594 Victorian Law Reform Commission – Guardianship: Final Report 24
Appendix 5 CONSuLTaTiON papER SubmiSSiONS
No Submitter / Organisation Date Received
1 Confidential 11 November 2010
2 Stephanie Mortimer 18 March 2011
3 Anna Kure 22 March 2011
4a
4b
Judi-ann Leggetts 28 March 2011
3/4 March 2011
5a Michael Dalton 28 March 2011
6a
6b
Marianne Dalton 28 March 2011
31 March 2011
7a
7b
7c
7d
Peter and Ruth Den Brinker
Confidential
Confidential
Confidential
31 March 2011
31 March 2011
4 April 2011
19 April 2011
8 Leonie Chirgwin 13 April 2011
9 Stephen Lake 29 April 2011
10a
10b
Bruce Levy
Confidential
3 May 2011
11 John Mills 3 May 2011
12 Lisa Brumtis 3 May 2011
13 Dying with Dignity Victoria 9 May 2011
14 BENETAS 10 May 2011
15 Ombudsman Victoria 12 May 2011
16 Victoria Police 12 May 2011
17 Inclusion Melbourne 13 May 2011
18 P. G. Prendergast 16 May 2011
19 Office of the Public Advocate 17 May 2011
20 Epworth HealthCare 17 May 2011
21 Action for More Independence & Dignity in Accommodation (AMIDA) 17 May 2011
22 Alzheimer’s Australia Vic 18 May 2011
23 Dr Kristen Pearson 18 May 2011
24 Autism Victoria 19 May 2011
25 Confidential 19 May 2011
26 Katherine Haggarty 19 May 2011
27 Catholic Archdiocese of Melbourne 19 May 2011
28 Financial Ombudsman Service Limited 19 May 2011
29 STAR Victoria Inc 19 May 2011
30 Karyn Macdonell 19 May 2011
31 Australian Christian Lobby 20 May 2011
32 Ethnic Communities’ Council of Victoria Inc 20 May 2011
33 Eastern Health 20 May 2011
34 Confidential 20 May 2011
595
No Submitter / Organisation Date Received
35 Ursula Smith 20 May 2011
36 Berry Street 20 May 2011
37 Mildura Base Hospital – Social Work Department 20 May 2011
38 Aged Care Crisis (ACC) 20 May 2011
39 Peninsula Community Legal Centre Inc 20 May 2011
40 Confidential 20 May 2011
41 June Walker 20 May 2011
42a 42b
Helen Siomos 20 May 2011
43 Alfred Health 20 May 2011
44 Leadership Plus 20 May 2011
45 Scope (Vic) Ltd 20 May 2011
46 Victorian Coalition of ABI Service Providers Inc 20 May 2011
47 Dr Michael Murray 20 May 2011
48 Centre for the Advancement of Law and Mental Health—Monash University 20 May 2011
49 Respecting Patient Choices Program—Austin Health 20 May 2011
50 Margaret Brown 20 May 2011
51 Dr John B Myers 23 May 2011
52 Ad Hoc Interfaith Committee 20 May 2011
53 Plunkett Centre for Ethics 23 May 2011
54 JacksonRyan Partners 23 May 2011
55 Office of the Health Services Commissioner 23 May 2011
56 Disability Discrimination Legal Service 23 May 2011
57 Aged Care Assessment Service in Victoria (ACAS) 23 May 2011
58 The Australian Psychological Society Ltd 26 May 2011
59 Carers Victoria 27 May 2011
60 Office of the Victorian Privacy Commissioner 27 May 2011
61 Disability Services Commissioner 1 June 2011
62 St Kilda Legal Service 1 June 2011
63 Shih-Ning Then, Prof Lindy Willmott & Assoc Prof Ben White (QUT) 1 June 2011
64 Women with Disabilities Victoria 3 June 2011
65 Council on the Ageing (COTA) Victoria 3 June 2011
66 Victorian Equal Opportunity and Human Rights Commission (VEOHRC) 3 June 2011
67 Trustee Corporations Association of Australia 3 June 2011
68 Australian Nursing Federation 3 June 2011
69 Australian Medical Association (Victoria) Limited (AMA) 3 June 2011
70 State Trustees Limited 3 June 2011
71 Seniors Rights Victoria 3 June 2011
72 Confidential 6 June 2011
73 Victoria Legal Aid (VLA) 6 June 2011
74 PILCH Homeless Persons’ Legal Clinic (PILCH) 7 June 2011
596 Victorian Law Reform Commission – Guardianship: Final Report 24
Appendix 5 CONSuLTaTiON papER SubmiSSiONS
No Submitter / Organisation Date Received
75 Federation of Community Legal Centres (Victoria) Inc 7 June 2011
76 Professor Rinaldo Bellomo 8 June 2011
77 Law Institute of Victoria Ltd (LIV) 8 June 2011
78 Mental Health Legal Centre (MHLC) 27 June 2011
79 NSW Trustee and Guardian 30 June 2011
80 Victorian Civil and Administrative Tribunal 1 July 2011
81 The Elder Law and Succession Committee, Law Society of NSW 8 July 2011
82 Communication Rights Australia 5 August 2011
83 Chris Borthwick 3 September 2011
84 Law Institute of Victoria Ltd (LIV)—Supplementary Submission 9 September 2011
85 Victoria University 9 September 2011
86 Anne Kennedy 26 September 2011
597
Appendix 6 CONSuLTaTiON papER CONSuLTaTiONS
No Name Date
1 Victorian Registry of Births, Deaths and Marriages 16 February 2011
2 Victorian Civil and Administrative Tribunal 16 February 2011
3 Office of the Disability Services Commission 21 February 2011
4 Victoria Advocacy League for Individuals with Disability Inc (VALID) Eastern Regional Client Network
21 February 2011
5 Anita Smith – President, Guardianship and Administration Board, Tasmania 21 February 2011
6 John Billings – former Deputy President, VCAT 23 February 2011
7 Office of the Public Advocate 24 February 2011
8 Ruth Vine – Chief Psychiatrist, Department of Health, Victoria 24 February 2011
9 Victorian Institute of Forensic Mental Health (Forensicare) 25 February 2011
10 Aged Care Assessment Service in Victoria (ACAS) 28 February 2011
11 VALID Western Regional Client Network 1 March 2011
12 VALID Northern Regional Client Network 2 March 2011
13 Alfred Hospital Ethics Committee & General Ethical Issues Sub-Committee 3 March 2011
14 Roundtable with Trustee Corporations Association of Australia; ANZ Trustees Ltd; Equity Trustees Ltd; Trust Company Ltd; Perpetual Trustees (in partnership with Trustee Corporations Association of Australia)
4 March 2011
15 Alzheimer’s Australia Vic and roundtable with people caring for parents with dementia
8 March 2011
16 Royal District Nursing Service 9 March 2011
17 Women with Disabilities Victoria 11 March 2011
18 VALID Southern Regional Client Network 15 March 2011
19 Trustee Corporations Association of Australia 15 March 2011
20 Professor Ron McCallum AO 15 March .2011
21 Graeme Smith – Public Guardian, New South Wales 16 March 2011
22 Malcolm Schyvens – Deputy President and Esther Cho – Legal Officer, New South Wales Guardianship Tribunal
16 March 2011
23 Australian Bankers’ Association Inc 16 March 2011
24 Roundtable with people with acquired brain injuries (in partnership with Brain Injury Matters)
16 March 2011
25 Roundtable with people with disabilities, carers, advocates and service providers in Morwell (in partnership with Gippsland Disability Resource Council)
18 March 2011
26 State Trustees Limited 21 March 2011
27 Roundtable with service providers in Shepparton (in partnership with Regional Information & Advocacy Council Inc, RIAC)
22 March 2011
28 Victorian Section of the College of Clinical Neuropsychologists of the Australian Psychological Society
23 March 2011
29 Roundtable with metropolitan carers (in partnership with Carers Victoria) 24 March 2011
30 Scope (Vic) Ltd 25 March 2011
31 Max Campbell – Association of Independent Retirees 25 March 2011
32 Roundtable with service providers (in partnership with National Disability Services (Victoria))
28 March 2011
598 Victorian Law Reform Commission – Guardianship: Final Report 24
Appendix 6 CONSuLTaTiON papER CONSuLTaTiONS
No Name Date
33 Roundtable with carers in Hastings (in partnership with Carers Victoria) 29 March 2011
34 Julian Gardner 29 March 2011
35 Roundtable with carers, advocates and service providers in Bendigo (in partnership with Regional Information & Advocacy Council Inc)
30 March 2011
36 Victoria Legal Aid 1 April 2011
37 Dianne Pendergast – Adult Guardian, Queensland 4 April 2011
38 Roundtable with mental health consumers (in partnership with Mental Health Legal Centre (MHLC) and Victorian Mental Illness Awareness Council (VMIAC))
5 April 2011
39 Mental Illness Fellowship of Victoria 6 April 2011
40 Australian & New Zealand Society for Geriatric Medicine 7 April 2011
41 Roundtable with seniors groups (Aged and Community Care Victoria; Council on the Ageing (COTA) Victoria; Seniors Information Victoria; Elder Rights Advocacy; National Seniors (Victoria)
8 April 2011
42 Roundtable with disability advocates (in partnership with Disability Advocacy Resource Unit (DARU))
13 April 2011
43 Carers Victoria 15 April 2011
44 Gippsland Carers Association Inc 19 April 2011
45 Mental Health Legal Centre (MHLC) 28 April 2011
46 Seniors Rights Victoria 2 May 2011
47 Bruce Levy JP 3 May 2011
48 John McKenna 3 May 2011
49 Lois Quick 3 May 2011
50 Associate Professor Nicholas Tonti-Filipini 3 May 2011
51 Peter Sherman 3 May 2011
52 Judi-ann Leggetts – DSP Australia Inc 3 May 2011
53 Robyn Brown 3 May 2011
54 John Mills 3 May 2011
55 Stephen Baumgartner 3 May 2011
56 Law Institute of Victoria Ltd (LIV) 4 May 2011
57 Roundtable with seniors (in partnership with Council on the Ageing (COTA) Victoria)
5 May 2011
58 Roundtable with self advocates (in partnership with Self Advocacy Resource Unit (SARU))
6 May 2011
59 Roundtable with Turkish and Vietnamese groups organised (in partnership with Advocacy Disability Ethnicity Community (ADEC))
10 May 2011
60 Australian Medical Association (Victoria) Limited (AMA) 18 May 2011
61 Roundtable with members of Migrant communities (in partnership with Spectrum Migrant Resource Centre)
19 May 2011
62 Teleconference with Brenda Lee Doyle – Provincial Director, Office of the Public Guardian, Alberta Canada
19 May 2011
63 Kevin Stone – Victorian Advocacy League for Individuals with Disability Inc (VALID) 2 June 2011
64 Jody Saxton – Barney, Project Coordinator 2009–2011, Victorian Aboriginal Disability Network
3 August 2011