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Parliamentary Questions


Question On Notice No. 831 asked in the Legislative Council on 11 August 2022 by Hon Nick Goiran

Question Directed to the: Parliamentary Secretary representing the Attorney General
Parliament: 41 Session: 1


Question

I refer to the Guardianship and Administration Amendment Regulations 2022, and I ask:
(a) what was the catalyst for bringing about these amendments to the regulations;
(b) who was consulted prior to these amendment regulations being finalised;
(c) did any person consulted raise any concerns;
(d) if yes to (c), what were these concerns;
(e) have the finalised amendment regulations addressed these concerns; and
(f) if no to (e), why not?

Answered on 21 September 2022

(a)   The Amendment Regulations repeal and replace the prescribed Advance Health Directive form in Schedule 2 of the Guardianship and Administration Regulations 2005. The new form implements recommendations 8-11, 12.1 and 13 of the Final Report of the Ministerial Expert Panel on Advance Health Directives established by the Attorney General. Establishment of the Expert Panel was recommendation 1 of the Final Report, My Life, My Choice, by the Joint Standing Committee on End-of-Life Choices, in August 2018.

(b)  The Department of Health, End of Life Care Program’s advance care planning project team undertook extensive research and public consultation between April 2020 and October 2020, which included online surveys, face to face workshops, regional video consultations and targeted focus groups. From November 2020 to January 2021, the project team coordinated a working group which was tasked with further refinement of the draft form. Representation on the working group included key end-of-life clinicians and consumers. The Department of Health worked closely with the Department of Justice in the drafting and finalisation of the Regulations.

(c)  No.

(d)  - (f) N/A.