STATE CONFERENCE

As a consequence of the social distancing restrictions implemented during the COVID-19 pandemic, witnessing of documents in some cases has become quite challenging. In particular, as older people are more vulnerable to this disease, it has made completing and or amending estate planning documents, such as wills, enduring powers of attorney and advance health directives, much more problematic. In response to calls for change, the Queensland Government has enacted legislation which will help address some of these hurdles. The Justice and Other Legislation (COVID19 Emergency Response) Amendment Act 2020, and The Justice Legislation (COVID-19 Emergency Response—Wills and Enduring Documents) Regulation 2020, make provisions for witnessing wills and enduring documents via an audio-visual link. This only applies in specific circumstances as outlined in the regulation. The Department of Justice and Attorney General is considering the regulations, and recently issued an explanatory email. No changes should be made to current witnessing practices until further advice. The legislation and regulations can be accessed here: www.legislation.qld.gov.au In addition, The Chief Justice of Queensland, has issued a Practice Direction which is pertinent to witnessing wills via audio-visual technology. The Practice Direction empowers a Registrar of the Court to dispense with existing provisions that require the witnesses to in the physical presence of a testator when they sign their will. The Practice Direction only applies to wills that, have been executed between 1 March 2020 and 30 September 2020, been drafted by a solicitor, and meet all of the approved conditions contained in the Practice Direction.

The Royal Commission into Aged Care Quality and Safety has suspended all planned hearings, workshops and group consultations. The decision reflects the requirement for social distancing and the banning of non-essential gatherings. The deadline for submissions to the Royal Commission has been extended by two months to 30 June 2020 and there are several ways you can make a submission that don’t require having face to face contact with anyone. Submissions can be made to: Royal Commission GPO Box 1151, ADELAIDE SA 500 using the submission form which can be accessed at on the Commission’s website, or by calling 1800 960 711 At this stage, the due date for the Royal Commission’s Final Report remains 12 November 2020, however this may change as a result of the current restrictions.

Due to the restrictions and uncertainty associated with the COVID -19 pandemic, the QJA Annual State Conference will be deferred until 2021 and will be held in conjunction with National Volunteers Week 2021 The new date for the conference is:

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