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Insertion of new section 79A into Principal Act
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69. The Principal Act is amended by the insertion of the following section after section 79:
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“Matters to be specified by Director in relation to enduring powers of attorney
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79A. (1) The Director may, with the consent of the Minister, specify in writing the following:
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(a) the form of an instrument creating an enduring power of attorney;
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(b) the form of application under section 68(2) to register an instrument;
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(c) the form of notice under section 68(3) of an application to register an instrument;
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(d) the form of notice by a donor, or, with his or her written consent, his or her attorney, under section 69(9);
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(e) the form of an objection under section 71(2) to the registration of an instrument;
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(f) the form under section 71A(1) to notify the Director that a donor lacks capacity in relation to one or more relevant decisions that are the subject of an instrument creating an enduring power of attorney that was registered by the donor;
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(g) the form of notice under section 71A(3) of a notification to the Director;
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(h) the form of an objection under section 71B to the acceptance of a notification by the Director;
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(i) the form of notice by an attorney under section 71C(9);
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(j) the form of variation or revocation under section 73(2) of an enduring power of attorney;
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(k) the form of a request to the Director under section 73A(1)(i);
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(l) the form of a request to the Director under section 73A(1)(ii) and the accompanying written notice of revocation to which section 73A(2)(e) refers;
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(m) the form of notice under section 73(4A) of revocation of an enduring power of attorney;
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(n) the form of notice under section 73A(6);
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(o) the form of a report under section 75 to be submitted by an attorney to the Director,
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and the forms may contain such further information as the Director considers appropriate.
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(2) When making a specification under subsection (1), the Director shall—
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(a) take into account the guiding principles specified in section 8 and the other provisions of this Act,
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(b) ensure that the forms are easy to read and to understand,
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(c) ensure that the forms are made available in accessible formats, and
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(d) take into account the different persons or classes or persons that will be using or reading the forms.”.
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