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

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

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

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-GroupsAssociations/Practice-Sections/Elder-Law

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

Carole Ainio

Lynne Barratt

PILCH

Rockwell Olivier

Moreland Community Legal

Service

Elizabeth Brophy

Angela Cursio

Belinda Evans

Victoria Bar

Fischer McCrae

Elder Rights Advocacy

Alan Farrar

Phil Grano

Levent Karaca

Alan Farrar Law

Office of Public Advocate

Anita Koochew

Jeni Lee

Grant Mackenzie

Senior Rights Victoria

St Kilda Legal Service Co-Op

Phillips & Wilkins

Robyn Mills

Stephen Taffe

Bill OShea

Victorian Legal Aid

Alfred Health

Alfred Health

Martin Reilly

Rosemarie Ryan

Elizabeth Samra

Hutchinson Legal Pty Ltd

Rosemarie Ryan Lawyers

Senior Rights Victoria

Leonie Schween

Carol Stuart

Dominic Whitehouse

Asset Builder Legal & Aged

Care Pty Ltd

Senior Rights Victoria

Alan Farrar Law

Kathy Wilson

Stuart Webb (Council Liaison)

Rebecca Carroll-Bell

Aitken Wilkins

Migration and Refugee Review

Tribunal

RCB Mediation

David Davis

Claire MacNamara

David Davis & Associates

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.

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

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
Australian Law Reform Commissions Inquiry into Equality,
Capacity and Disability in Commonwealth Laws

7 July
https://www.alrc.gov.au/publications/equality-capacitydisability-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