Serving the Community since 1985

In Gear 2018—2019

ROTARY CLUB OF BEAUMARIS WEEKLY BULLETIN Number 40 6 April 2019

President’s Report Next Meetings

Our own Mary Sealy was last Thursday night’s guest speaker. Mary
gave us an update on the changes to Medical Power of Attorney, a THURSDAY 9 MAY
topic that we should discuss with our loved ones. We welcomed SPEAKER: MARTA & JODIE
guests Kathy Every, Kim Stacey & Mandy Engelhart (in photo below TOPIC; BLACK ROCK TRADERS
with Mary and myself). CHAIR: ROBERT MCARTHUR
AV SUPPORT: DAVID LEA
CASH DESK: PETER FLUDE & JAMES GLENWRIGHT

THURSDAY 16 MAY
SPEAKER: HEATHER BARTON
TOPIC: THE WORK OFTHE SMITH FAMILY
CHAIR : CHRIS MARTIN
AV SUPPORT: ADRIAN CULSHAW
CASH DESK: LOIS LINDSAY & FRED HOFMANN

FRIDAY 17 MAY
SCRABBLE AFTERNOON
1:30 - 4:00
UNIT 1 60 RESERVE ROAD
SEE DETAILS ON PAGE 2

THURSDAY 23 MAY
CLUB FORUM
CHAIR: RICHARD POTTER
AV SUPPORT: BRIDGET HAGE
The final Cluster Meeting and President’s Meeting tor 2018-2019 CASH DESK: MARK PERELAER & CHRIS MARA
were held last week. I met our incoming AG Steve Macdonald who
will be taking over the role from Lorraine Nicholas. Lorraine has
been a great support to our Cluster Clubs during the past 2 years.
We thank her and we wish her well. I handed over a large bag of
stamps and coins collected at our meetings throughout the year.
The project has raised $7,500 this year for the End Trachoma pro-
gram. Thank you all and keep on collecting.
The Farmers Market will be on again this Saturday. Bridget has a
full roster and the weather is looking good. Hope to see you there.
Do not forget the Scrabble Afternoon in aid of the Highlands Founda-
tion on 17 May. Ring Joy Lea on 03 9589 7830 or email joyhelen-
lea@gmail.com. More details on next page. Unless stated otherwise venue is
Victoria Golf Club 6.30 for 7.00
Next week’s guest speakers Marta and Jodie from Black Rock Trad-
ers will be bringing us an update on activities in our local community. Contents
1 Presidents Report
2/7 Notices
8/10 This Week’s Speaker
11/12 Club Sponsors
13 Club Structure / Photo of Week
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 R OT AR Y C L U B OF BE AU M AR IS B U L L ET IN –
Speaker: Mary Sealy,
Topic: Changes to Medical Powers of
Attorney
Mary is a Member of Beaumaris Rotary and the Principal 
of MJS Law a boutique legal firm based in Bayside offer-
ing a wide variety of services to individuals and small busi-
nesses.
Mary did her articles in London for a large, very well-
regarded law firm, and following admission as a Solicitor in
1993, joined their Private Client team, dealing with all as-
pects of Wills, Trusts, Probate, Guardianship, Family Pro-
vision claims and disputes over the validity of Wills. Mary
emigrated permanently to Australia in 1997 and was ad-
mitted to the Supreme Court of Victoria as a Solicitor and
Barrister in 1999. She has worked for private firms and a
large Trustee Company in Melbourne and spent five years
working for the Law Institute of Victoria, the peak profes-
sional body for lawyers in the State.
Her talk centred on the Medical Treatment Planning and
Decisions Act 2016 (MTPDA) which commenced on12
March 2018.
What is the intention of the Act?
SER VIN G T H E COM M U N IT Y SINC E 1985
Existing laws are fragmented, and health practitioners are
understandably confused. The Medical Treatment Plan-
ning and Decisions Act 2016 creates clear obligations for
health practitioners caring for people who do not have de-
cision making capacity.
The Act will ensure medical decision making is more in
line with contemporary views and is more consistent with
how people make decisions about their medical treatment
and personal autonomy.
The Act establishes a single framework for medical treat-
ment decision making for people without decision making
capacity that ensures that people receive medical treat-
ment that is consistent with their preferences and values.
Under the Act, Victorians are able to create a legally bind-
ing advance care directive that allows them to:
 Make an instructional directive (which will provide
specific directives about treatment a person con-
sents to or refuses).
 Make a values directive (which will describe a per-
son's views and values. A medical treatment deci-
sion maker and health practitioners will be required
to give effect to a values directive).
 Appoint a medical treatment decision maker (who
will make decisions on behalf of a person when they
no longer have decision making capacity).
Appoint a support person (who will assist a person
to make decisions for themselves, by collecting and
interpreting information or assisting the person to
communicate their decisions).
This Act ensures Victorians can have confidence in the
health system, which will respect their decisions about
medical treatment.
The Act does not authorise physician assisted dying and,
as the Standing Committee on Legal and Social Issues
found, this is a separate issue to advance care planning.
A person’s medical treatment rights
The law supports a person’s rights when it comes to medi-
cal treatment in Victoria in the following ways:
 a person has the right to refuse medical treatment
in most circumstances
 the medical practitioner must usually seek the per-
son’s consent prior to carrying out medical treat-
ment
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 a person’s capacity to consent is assumed unless A valid advance care directive must comply with the formal
there are indications otherwise requirements set out in the Medical Treatment Planning
 a competent person can refuse treatment in relation and Decisions Act 2016. To make a valid advance care
to a current or future condition under the Medical directive a person must sign in front of two witnesses. One
Treatment Planning and Decisions Act 2016 by of these witnesses must be a registered medical practi-
completing a a valid instructional directive tioner (a medical doctor). Neither witness can be someone
 likewise, the person’s medical treatment decision you have appointed as your medical treatment decision
maker can consent to or refuse treatment on their maker.
behalf if they no longer have the capacity to do so An advance care directive form developed by the De-
themselves. partment of Health and Human Services can be found
on the Advance Care Planning forms page (see link at
end of text).
Determining a person’s medical treatment decision
maker Even if an advance care planning document has not been
witnessed, anything a person documents about their wish-
At any one time, a person will only ever have one medical es for future care will still provide useful information for
treatment decision maker. This ensures it is clear who is their treating team and medical treatment decision maker.
responsible for making the medical treatment decisions.
There is a hierarchy for determining the person’s medical Difference between Financial Powers and Medical
treatment decision maker (MTDM), and the first available Powers
and willing person from the list below will be the medical Previously three separate pathways to appointment of
treatment decision maker. Medical decision maker (in addition to VCAT) being
 an appointed medical treatment decision maker; Medical Treatment Act
 a guardian appointed by VCAT;
 the first of the following with a close and continuing Enduring Guardian
relationship with the person: Enduring Power of Attorney with power to make
 the spouse or domestic partner; “personal matter” decisions
 the primary carer of the person;
 the oldest adult child of the person; Those Existing Medical Powers of Attorney and Enduring
 the oldest parent of the person; Powers of Attorney allowing for decisions about “personal
 the oldest adult sibling of the person. matters” – continue as if appointee is the MTDM

If a medical treatment decision maker consents to treat- New Enduring Powers of Attorney (Financial) do not allow
ment, a health practitioner may proceed with that treat- for decision makers to make medical decisions.
ment. If the medical treatment decision maker refuses All medical decision-making power (other than VCAT ap-
treatment, a health practitioner cannot provide that treat- pointed) now embodied within MTPDA and pursuant to
ment. formal appointment or deemed appointment.
Strengthening the validity of advance care directives Subtle differences in how power is exercised under old
An advance care directive will be strengthened if it demon- regime and new
strates that: Old – best interests
 it is consistent with a person’s wishes New – what the decision maker would make – values/
 the person has repeated these wishes regularly preferences determination
 the person has appointed a medical treatment deci-
sion maker who has a clear understanding of their
wishes and is willing to be a strong advocate for
them.

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Advance Care Directives

Old legislation – Refusal of Treatment certificates
New legislation – Advance directives – values/instructional
Act came into force 12 March 2018
Prior to MTPD – Medical Treatment Act 1988
 Med Treatment Act allowed for Refusal of Treat-
ment certificates, but only in relation to known con-
ditions.
 Also allows for appointment of one “agent” and an
alternate agent
 Circumstances in which alternate can act are logisti-
cally problematic if primary agent is incapacitated or
dead– stat dec required
 Agent can only refuse medical treatment if would
cause undue distress or if reasonable grounds to
believe that the person would, if competent, consid-
er the medical treatment to be unwarranted
Major changes: -
Cascading nature of appointment
Creation of Advance Care Directives – instructional or val-
ues
Cannot direct an unlawful act
Instructional directives allow you to say that in the event of
cardiac arrest I do not wish to be resuscitated.
Appointment of support person
How to make a decision:
 Advance Care Directive
 Preferences or values other than in a ACD
 Inferences from the person’s life
 Likely effects and consequences of the treatment
and whether these are consistent with persons pref-
erences
 The personal and social wellbeing of the person
https://www2.health.vic.gov.au/hospitals-and-health-
services/patient-care/end-of-life-care/advance-care-
planning/acp-forms

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R OT AR Y C L U B OF BE AU M AR IS B U L L ET IN – SER VIN G T H E COM M U N IT Y SINC E 1985

For details about the latest travel deals follow this link: https://destinationhq.com.au/luxury/

237 Bay Road,

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03 8535 7980

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R OT AR Y C L U B OF BE AU M AR IS B U L L ET IN – SER VIN G T H E COM M U N IT Y SINC E 1985

Special Notice From Destination HQ

1.5% of any travel bookings from Beaumaris Rotary Club Members,

family and friends at Destination HQ Beaumaris will be returned to the
Beaumaris Rotary Club at the end of the year.

PLEASE make the consultant aware that you’re from the Rotary Club at
the beginning of the booking. This ensures that the booking is tracked
and
reported back to their admin at the time.

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 R OT AR Y C L U B OF BE AU M AR IS B U L L ET IN – SER VIN G T H E COM M U N IT Y SINC E 1985

RCOB Club Structure 2018 – 2019

RCOB Board Club Service & Administration

President Heather Chisholm Almoners Jan Cooper/Roy Downes
Secretary Roy Seager Archivist TBA
Treasurer Lynda Doutch Arts Community Liaison Max Darby
President Elect David Hone Assistant Treasurer James Glenwright
Past President Chris D’Arcy Attendance & Dining David Hone
Community Chris Werner Auditor Tony Phillips
International John Sime Club Photographer Max Darby
Youth Chris Martin Club Protection Officer Ken Mirams
Communications David Lea/Adrian Culshaw
Community – Chris Werner Chair Fellowship & Vocational Trish/Kerrie/Mary Cunnington
John Beaty Adrian Culshaw Foundation John Beaty
Mary Cunnington Max Darby Light Bulb Moment Martin Fothergill
Roy Downes Martin Fothergill Marketing & PR Peter Flude/Greg Every
Kerrie Geard Chris Mara Membership Tony Phillips/Megan Glenwright
Tony Phillips Mary Sealy On to Conference Chris D’Arcy
Program Kerrie Geard/Adrian Culshaw
International – John Sime Chair Social Media Adrian Culshaw/Mary Sealy
Fred Hofmann John Manks
Ken Mirams Robert McArthur Bayside Charity Golf Day - Martin Fothergill Chair
Ross Phillips Clem Quick Peter Flude James Glenwright
Richard Potter Gail Anderson Richard Jones Jim O’Brien
Youth – Chris Martin Chair Tony Phillips Lynda Doutch
Jan Cooper Bridget Hage
Lois Lindsay Tony McKenna District Service – Trish Smyth Chair
Antony Nixon David Rushworth District Compliance Officer Ken Mirams
Malcolm Sawle Vivienne Zoppolato District Membership Trish Smyth

Indigenous – David Hone Chair Farmers Market – Bridget Hage Co-ordinator

Adrian Culshaw Lynda Doutch Greg Every Peter Flude
Martin Fothergill Chris Mara Wolf Fritze Charmaine Jansz
Robert McArthur (Trachoma) Chris Mara Ken Mirams
Geoff Stringer Vivienne Zoppolato

Spring Blossom

The owner of a dog holds

her pet up to the Sakura
cherry blossoms in the
Sakura park in Vilnius,
Lithuania.

Mindaugas Kulbis / AP

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