Reithmuller, Claire --- "QLD Law Reform Report" [1996] ALRCRefJl 17; (1996) 69 Australian Law Reform Commission Reform Journal 50

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ALRC Reform 69

QUEENSLAND LAW REFORM COMMISSION

Assisted and substituted decisions - decision-making by and for people with a decision-making disability

Consent to medical treatment for young people

Uniform succession laws

Criminal Justice Commission
Aboriginal Witness Research Project

Litigation Reform Commission

Assisted and substituted decisions - decision-making by and for people with a decision-making disability

In this reference the Queensland Law Reform Commission (QLRC) has examined the decision-making needs of people with a decision-making disability. A number of different types of decisions, including financial, health care, lifestyle and litigation decisions have been considered.
In its Draft Report (WP No 43 February 1995) the QLRC recommended the creation of an independent statutory tribunal to hear and determine applications about decision-making by and for people with a decision-making disability. The recommended powers of the tribunal included not only the power to appoint a substitute decision-maker, but also an assistant decision-maker.
The QLRC recognised the important role played by the family members and friends of a person with a decision-making disability, recommending that certain family members and people in the person's support network be statutorily authorised decision-makers for health care decisions. The Draft Report also dealt extensively with enduring powers of attorney. The final Report is expected to be released mid-1996. Contact: Ms Penny Cooper [phone]

Consent to medical treatment for young people

In this reference the Commission has examined the law relating to the medical treatment of young people and, in particular, what aspects of the current law may impede young people's access to appropriate medical treatment. In its Discussion Paper (WP No 44 May 1995) the Commission made a number of preliminary recommendations, on which comment was invited. These included what the test for capacity to consent to medical treatment should be, who should be able to consent to the treatment of a young person, and whether a young person should be able to refuse medical treatment in any particular circumstances. The final Report is expected to be released in mid-1996. Contact: Mr Wayne Briscoe [phone]

Uniform succession laws

The QLRC is co-ordinating a project on uniform succession laws for all Australian States and Territories. The project was initiated by the Standing Committee of Attorneys-General (SCAG). A committee of representatives of all Australian Attorneys-General as well as a delegate from the New Zealand Law Commission is currently reviewing issues relevant to the law of wills. Other topics will be reviewed in the future. A number of papers have been published for discussion and consultation purposes. The committee held a successful meeting in May in Melbourne and will shortly be reporting to the Standing Committee of Attorneys-General. Contact: Mr Wayne Briscoe [phone]

Criminal Justice Commission
Aboriginal Witness Research Project

The Criminal Justice Commission (CJC) is conducting a research project into the problems Aboriginal people encounter as witnesses in Queensland's criminal courts. The project identifies cultural and language barriers encountered by Aboriginal people in court and explores issues such as how lawyers, judicial officers and others in the criminal justice system respond to the different forms of communication which are familiar to Aboriginal people, and what is being done to accommodate the needs of Aboriginal witnesses in the court system.
To date there has been no systematic consideration of the position of Aboriginal witnesses in the criminal justice system, as previous research in this field has focused on Aboriginal people as defendants. The need for this research was highlighted by the public debate in Queensland surrounding several recent cases which involved Aboriginal witnesses, including the 'Pinkenba case'. The CJC's research will not review the outcomes in individual cases, but will focus on broad policy and legal issues and will seek to address identified difficulties through a range of recommendations. The report is expected to be available in mid-1996. Contact: Ms Louise Gell [phone]

Litigation Reform Commission

The Litigation Reform Commission is currently engaged in projects for the reform of pleadings and summary judgment, the extension of the jurisdiction of registrars, the determination of matters 'on the papers', the codification of Mareva injunctions and Anton Piller orders, the provision of filing of court documents by post and transfer of matters between courts and between different districts of the same court, the introduction of a system of caseflow management in the Supreme Court, case management at trial, court-annexed pre-filing mediation and case appraisal and a new regime for charging of solicitors' costs. Contact: Ms Margaret-Mary Batch [phone].

Claire Reithmuller

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