Responding to the financial abuse of older people - Loddon ...

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116. Henwood v Harrison (1872) LR 7 CP 606 at 622. 117. Bashford v Information Australia (Newsletters) Pty Ltd (2004) 204 ALR 193. 118. Calwell v Ipec (1975) 135 CLR 321; 7 ALR 553. 119. Reynolds v. Times Newspapers Limited and Others [1998] 3 All ER 961. 120. Roberts v Bass (2002) 212 CLR 1 at 31. 121. Horrocks v Lowe [1975] AC 135 at 150. 122. Horrocks v Lowe [1975] AC 135. 123. Defamation Act 2005 (NSW) s 30; Defamation Act 2005 (Vic) s 30; Defamation Act 2005 (Qld) s 30; Defamation Act 2005 (WA) s 30; Defamation Act 2005 (Tas) s 30; Defamation Act 2005 (SA) s 28; Defamation Act 2006 (NT) s 27; Civil Law (Wrongs) Act 2002 (ACT) s 139A. 124. House of Representatives Standing Committee, above n 3. 58
Schedule 1: Office of the Public Advocate – other State and Territory equivalents Jurisdiction Governing body Victoria Office of the Public Advocate New South Wales Office of the Protective Commissioner Queensland Office of the Adult Guardian Public Advocate Powers (conferred by legislation) Guardianship and Administration Act 1986 (Vic) section 15 Instruments Act 1958 (Vic) section 125V Powers of Attorney Act 2003 (NSW) Protected Estates Act 1983 (NSW) Powers of Attorney Act 1998 (Qld) Guardianship and Administration Act 2000 (Qld) Avenue of relief Victorian Civil and Administrative Tribunal (VCAT) New South Wales Guardianship Tribunal Ombudsman Guardianship and Administration Tribunal Differences to the Victorian Office of the Public Advocate The Office of the Protective Commissioner provides financial management services to people with disabilities but it does not have an ‘investigatory’ role. The equivalent statutory powers are shared between two statutory bodies: the Office of the Adult Guardian and the Office of the Public Advocate. The Public Advocate is an independent statutory officer who identifies widespread situations of abuse, exploitation or neglect of people with impaired capacity and reports these findings to State Parliament. It does not deal with individual cases; rather, it looks at widespread deficiencies in institutions and systems that affect a large number of people with impaired capacity (i.e. systemic advocacy). The Adult Guardian, also an independent statutory officer, has powers including to investigate individual cases and to act as guardian. 59
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Responding to the financial abuse o
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Responding to the fi nancial abuse
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Contents Preface ..................
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Preface In a paper given in Novembe
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1. Introduction and Scope This repo
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2. Glossary In this report: • ‘
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impose an obligation to protect a c
Page 15 and 16: 4. Code of Banking Practice 4.1 Sum
Page 17 and 18: 5. Office of the Public Advocate 5.
Page 19 and 20: 5.4 Administration orders (a) If th
Page 21 and 22: nevertheless be able to guess the s
Page 23 and 24: ‘general duty of confidentiality
Page 25 and 26: capacity’. 48 As a result, any fi
Page 27 and 28: in reporting abuse to a third party
Page 29 and 30: y or on behalf of an enforcement bo
Page 31 and 32: Reporting requirements are in two c
Page 33 and 34: to assist bank employees in identif
Page 35 and 36: 7. Confidentiality 7.1 Summary (a)
Page 37 and 38: Additionally, the following particu
Page 39 and 40: 7.6 BFSO scheme (a) The BFSO scheme
Page 41 and 42: (e) Where a representative of a cus
Page 43 and 44: (c) The fiduciary relationship aros
Page 45 and 46: Indeed, the duty to honour a custom
Page 47 and 48: suspicious transaction. These terms
Page 49 and 50: The common law has formulated the t
Page 51 and 52: 9.6 Contextual truth A defence of c
Page 53 and 54: (d) whether the opinion was honestl
Page 55 and 56: equires that the duty and interest
Page 57 and 58: 10. Recommendations On the basis of
Page 59 and 60: Notes 1. Julian Gardner, Uncovering
Page 61 and 62: 34. Instruments Act 1958 (Vic) s 12
Page 63 and 64: 69. Mandatory reporting may give re
Page 65: 96. Cheques Act 1986 (Cth) s 33(2)(
Page 69 and 70: Schedule 1: Office of the Public Ad
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