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Annual Report 2014

ELDER LAW SECTION

Section Chair: David Davis Secretary to the Elder Law Section: Michelle Whyte

Contact:

Michelle Whyte, Policy Lawyer

T 03 9607 9311 F 03 9607 5270

lawinst@liv.asn.au

www.liv.asn.au

http://www.liv.asn.au/

TABLE OF CONTENTS

Overview ........................................................................................................................................................ 2

1.0 Objectives ...................................................................................................................................... 2

1.2 Sub-Committees ............................................................................................................................ 2

1.3 Current membership ...................................................................................................................... 2

1.4 2014 highlights ............................................................................................................................... 3

1.5 General information ....................................................................................................................... 3

Executive Committee ..................................................................................................................................... 4

2.0 Executive Committee ..................................................................................................................... 4

2.1 Executive Committee Members ..................................................................................................... 4

2.3 Executive Committee Chair's Report ............................................................................................. 5

Section Submissions and Events ................................................................................................................... 7

3.0 Section Submissions 2014 ............................................................................................................ 7

3.1 Section Projects ............................................................................................................................. 7

3.2 CPD Events 2014 .......................................................................................................................... 7

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OVERVIEW

1.0 Objectives

The objectives of the Section are to:

(a) promote and maintain a high standard of knowledge and experience for elder law practitioners;

(b) promote the practice and recognition of elder law.

(c) monitor, and keep members informed about legislative and other legal changes or developments that impact or affect older persons;

(d) consider and recommend law reform in the field of elder law;

(e) conduct research and analysis and advise the LIV Council on elder law issues;

(f) strengthen and maintain relationships between elder law practitioners, courts and tribunals, regulatory and administrative bodies and government; and

(g) provide input to CPD events which meet or promote the professional development needs of practitioners working in, or wanting to work in elder law.

1.2 Sub-Committees

The Elder Law Section comprises an Executive Committee. From time-to-time the Section will convene Working Groups for projects which require additional work or input.

1.3 Current membership

The Elder Law Section continues to see a rise in membership numbers. The current membership

of the Elder Law Section as at October 2014 is 809 members.

Year Membership No.

2011 568

2012 674

2013 772

2014 809

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1.4 2014 highlights include:

The Elder Law Committee has actively participated in writing submissions to government

concerning the Powers of Attorney Bill 2014 and the Guardianship Bill 2014. The Committee has

continued to pursue reform in advance care decision-making through contributing to the Australian

Law Reform Commissions (ALRC) Inquiry into Equality, Capacity and Disability in Commonwealth

Law (ECD Report) and finalising the Capacity Toolkit which will be launched in 2015.

1.5 General information

The Elder Law Section webpage is regularly updated with the latest news on events, legislation,

articles and reports.

For further information see: http://www.liv.asn.au/For-Lawyers/Sections-Groups-

Associations/Practice-Sections/Elder-Law

http://www.liv.asn.au/For-Lawyers/Sections-Groups-Associations/Practice-Sections/Elder-Lawhttp://www.liv.asn.au/For-Lawyers/Sections-Groups-Associations/Practice-Sections/Elder-Law

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EXECUTIVE COMMITTEE

2.0 Executive Committee

Chair: David Davis

Deputy Chair: Alan Farrar

Legal Policy & Practice Lawyer: Michelle Whyte (Courtney Guilliatt until June 2014)

Paralegal: Clara Bradley

2.1 Executive Committee Members*

Lauren Adamson

PILCH

Carole Ainio

Rockwell Olivier

Lynne Barratt

Moreland Community Legal

Service

Elizabeth Brophy

Victoria Bar

Angela Cursio

Fischer McCrae

Belinda Evans

Elder Rights Advocacy

Alan Farrar

Alan Farrar Law

Phil Grano

Office of Public Advocate

Levent Karaca

Anita Koochew

Senior Rights Victoria

Jeni Lee

St Kilda Legal Service Co-Op

Grant Mackenzie

Phillips & Wilkins

Robyn Mills

Victorian Legal Aid

Stephen Taffe

Alfred Health

Bill OShea

Alfred Health

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Martin Reilly

Hutchinson Legal Pty Ltd

Rosemarie Ryan

Rosemarie Ryan Lawyers

Elizabeth Samra

Senior Rights Victoria

Leonie Schween

Asset Builder Legal & Aged

Care Pty Ltd

Carol Stuart

Senior Rights Victoria

Dominic Whitehouse

Alan Farrar Law

Kathy Wilson

Aitken Wilkins

Stuart Webb (Council Liaison)

Migration and Refugee Review

Tribunal

Rebecca Carroll-Bell

RCB Mediation

David Davis

David Davis & Associates

Claire MacNamara

Office of the Public Advocate

*Information included in this list is taken from the Law Institutes membership database and the Elder Law

Section member list. Please advise if information is not current or accurate.

2.3 Executive Committee Chair's Report

Over the past year the Elder Law Committee has continued to respond to the growing demand for

guidance and reform in the emerging area of Elder Law. The growing LIV Elder Law Section has

been active in law reform submissions, community legal education and professional development

initiatives.

The Elder Law Committee had a productive start to the year, collaborating with the Department of

Justice on the draft Powers of Attorney Bill 2014. The Committee was involved in lobbying for a

single legislative regime for all substitute decision-making, to create some certainty for those that

seek to make enduring appointments and to clarify the responsibility of service providers.

The Committee was also involved in working alongside the Succession Law Committee on writing

submissions to government concerning the Guardianship Bill 2014 (the Bill). While the Committee

welcomes aspects of the Bill, such as clarifying the powers and duties of guardians, the Committee

has some concern regarding the Bills failure to include amendments that would allow health

decision-makers to make decisions about administration of pharmaceutical drugs, which raises

particular concerns for older people in nursing homes. In its submission the Committee raises

these concerns and asks that the Bill be amended so that heath decision-maker provisions apply

to provision of medications.

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The Committee was pleased to receive on the 24 November the final ECD Report. The Committee

made a significant contribution to the ALRC Inquiry and is particularly passionate about reform in

this area. The Committee hopes to see a move from substitute decision-making to supported

decision-making. Since the release of the ECD Report the Committee has established an Advance

Care Planning Working Group, to discuss reform and action in this area.

Outside of the law reform arena, the Committee has continued to provide support to practitioners.

The Committee is pleased to announce that the Capacity Toolkit is currently being finalised. It will

be launched in early in 2015. The Committee remains active working with other legal and health

professionals in the area of elder law across Australia and Internationally. The Committee is

currently represented on the Law Council of Australia Succession and Elder Law Committee and

continues to participate in the Elder Abuse Prevention Advisory Group. Committee members

additionally engage in pro bono community legal education activities, such as providing information

to the community at U3A University.

Elder Law Committee Chair

David Davis

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SECTION SUBMISSIONS AND EVENTS

3.0 Section Submissions 2014

14 April Powers of Attorney Bill 2014

5 May Power of Attorney Bill 2014- supportive attorney

appointments

7 July

Australian Law Reform Commissions Inquiry into Equality,

Capacity and Disability in Commonwealth Laws

https://www.alrc.gov.au/publications/equality-capacity-

disability-report-124

7 October Proposed Amendments to the Guardianship and

Administration Bill 2014

3.1 Section Projects

Advanced Care Directives

Capacity Toolkit

3.2 CPD Events 2014

11 November Legislative Changes in Succession Law and Power of

Attorney

https://www.alrc.gov.au/publications/equality-capacity-disability-report-124https://www.alrc.gov.au/publications/equality-capacity-disability-report-124