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Submissions close on Monday, 9 March 2020

Enhancing protections relating to the use of Enduring Power of Attorney instruments

Keeping Australians safe is a priority of the Australian government, and this includes protecting older Australians from all forms of abuse, including financial abuse. The need to improve the safeguards associated with enduring power of attorney documents is an issue that governments are acutely aware of.

The government is continuing to work with states and territories, through the Council of Attorneys-General, to identify areas where current state and territory legislation can be amended to create greater consistency across borders and enhance transparency of EPOA documents which support financial transactions.

The Australian government has indicated that the development of a national register, in line with recommendations made by the Australian Law Reform Commission (ALRC) and a call to action by the Australian Banking Association and Australia’s Age Discrimination Commissioner, is an important area of public policy reform which requires additional consideration.

Consultation Regulation Impact Statement (RIS)

The Commonwealth Attorney-General’s Department, in cooperation with all state and territory governments, invites comments from interested persons or organisations on this Consultation Regulation Impact Statement (RIS) by 11.59pm, Monday 9 March 2020 (AEDT).

The Consultation RIS seeks to examine the regulatory options under consideration, in order to understand their economic and social impacts, and determine the relative costs and benefits of proposed EPOA safeguarding options, and contains a number of questions designed to guide input.

The Attorney-General’s Department will use the information received from stakeholders to develop a Decision Regulation Impact Statement (Decision RIS) that will identify the options with the greatest net benefit, based on an analysis of the costs and benefits. The Decision RIS will be provided to the Council of Attorneys-General, to assist Commonwealth and state and territory ministers to decide what option should be implemented, and if so, how. Your input on the anticipated costs and benefits, including further data for modelling, is an important part of providing ministers with an accurate and comprehensive Decision RIS to guide their decision.

Making a submission

Please email your submission using the template below to EPOAConsultationRIS@ag.gov.au by 11.59pm (AEDT), Monday 9 March 2020. Please support your views with evidence or data where possible.

Alternatively, you may forward a hard copy of your submission using the above template to the following address:

Attorney-General’s Department
Attn: Elder Abuse Team, Family Safety Branch
Re: Consultation RIS
3-5 National Circuit

In your submission, please indicate how you would like your submission to be published on the Attorney-General’s Department’s website:  

  • submission published with your or your organisation’s name
  • submission published anonymously, or
  • submission not published.

For further information on the publication of submissions on the Attorney-General’s website, please refer to the Attorney-General’s Department’s Privacy Policy.