Queensland Law Reform Commission Recommendations on Guardianship Laws Inquiry (Lapsed)

Committee Details

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Referral

The Health and Disabilities Committee of the Queensland Parliament will inquire into specific recommendations, outlined in the terms of reference, of the Queensland Law Reform Commission (QLRC) Report: Review of Queensland’s Guardianship Laws. The inquiry was referred to the committee by the Parliament on 26 October 2011. The committee is due to report to the Parliament by 31 March 2012.

Terms of Reference

To inquire and report on the following recommendations from the QLRC report Review of Queensland’s Guardianship Laws:

  • Recommendations 9.3 (second part (b) of recommendation only), 9.11, 9.18, 9.26, 9.27 and 9.28 – which deal with advance health directives
  • Recommendations 11.1-11.10 (inclusive), 11.15 and 11.16 – which deal with withholding or withdrawing life-sustaining measures
  • Recommendations 12.6, 12.7 and 12.8 – which deal with the effect of an adult’s objection to health care
  • Recommendation 16.15 – which deals with the issue of registering an enduring power of attorney
  • Recommendations 28.1 and 28.2 – which deals with the appointment of the Adult Guardian or the Public Trustee as litigation guardian, and
  • Recommendation 29.1 – which deals with the remuneration of the Adult Guardian.

Click here to view the full wording of the QLRC recommendations in the committee's Terms of Reference. 

In undertaking this inquiry, the committee will consider:

  • the QLRC’s Report
  • other Australian and international jurisdictions
  • the impact on adults with impaired decision-making capacity and their families
  • the impact on health providers and medical professionals, and
  • cost/benefit analysis of implementing any recommendations.

The committee will take public submissions and consult with adults who may be involved in the guardianship system, their families, health and disability providers and medical professionals (including professional bodies); and advocacy and peak bodies.

Issues Paper

To view the Issues Paper please click on the 'Related Publications' tab above.

Public Forum

A public forum was held at Parliament House on 30 November 2011 to provide information about the inquiry and encourage discussion of the issues related to advance care directives and withholding or withdrawing a life-sustaining measures.  A transcript of the forum is available -  click on the ‘Related Publications’ tab above.

Public Hearing

The committee planned to hold one or more public hearings in February 2012 to hear from invited witnesses.  

Other Information

Queensland Law Reform Commission - A Review of Queensland's Guardianship Laws (September 2010) Report:

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Related Publications

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