Responsibility: State and territory governments
Response:
TAS: Accept
ACT, QLD, NT: Accept in principle
NSW, SA, VIC, WA: Subject to further consideration
Australian Capital Territory
Response: Accept in Principle
Status: In progress
What has been achieved to date
The ACT Government is developing a community consultation plan on further reforms to guardianship and other legislation to facilitate Supported Decision Making, which will include discussion of relevant recommendations from the Disability Royal Commission.
ACT government response July 2024
These matters will be included in the next stage of consultation and law reform as outlined in response to Recommendation 6.4.
We are also involved with national efforts to reform powers of attorney laws.
New South Wales
Response: Subject to further consideration
Status: Subject to further consideration
What has been achieved to date
The NSW Government is considering the recommendations about supported decision-making and guardianship reform and the advice from the NSW Guardianship Working Group.
NSW government response July 2024
The NSW Government is closely considering the recommended reforms in relation to supported decision making and reform of the guardianship framework. A Guardianship Working Group, made up of both government and non-government stakeholders has been engaged to inform the development of the NSW response to these recommendations. The Government is also undertaking a detailed assessment of the operational and resourcing impacts of reforms.
Northern Territory
Response: Accept in principle
Status: Further work required
What has been achieved to date
The Attorney-General’s Department in the Northern Territory is working with the Northern Territory Public Guardian and Trustee in consideration of a review of legislation.
NT government response July 2024
The Northern Territory will consider legislative amendments as part a review of the Guardianship of Adults Act 2016.
Queensland
Response: Accept in principle
Status: Subject to further consideration
What has been achieved to date
The Queensland Government is carefully considering recommendations 6.4 to 6.18, which call for significant change to state and territory guardianship systems and legislation.
QLD government response
The Queensland Government remains committed to implementing the recommendations of the Disability Royal Commission. The Queensland Government has updated its responses to a range of Disability Royal Commission recommendations to reflect contemporary Queensland Government policy and commitments.
2025 Response
The Queensland Government recognises all people with disability and is committed to ongoing work to strengthen its already robust guardianship framework.
The Queensland Government notes that recommendations 6.4 to 6.18, may require changes to Queensland's guardianship and administration framework. In consultation with key stakeholders, the Queensland Government will explore options to implement these recommendations.
South Australia
Response: Subject to further consideration
Status: Subject to further consideration
What has been achieved to date
The South Australian Government remains committed to considering this recommendation further, and will provide a response in due course.
SA government response July 2024
The South Australian government acknowledges the importance of the CRPD. Further consideration is required to understand the impact of obligations imposed by the text of Article 12 of the CRPD and how it will impact the Guardianship and Administration Act 1993.
Tasmania
Response: Accept
Status: Completed
What has been achieved to date
The Tasmanian Guardianship and Administration Amendment Act 2023 which commenced on 1 September 2024 inserted an objects of Act provision into the Guardianship and Administration Act 1995, recognising and promoting the rights of people with disability consistent with the Convention on the Rights of Persons with Disabilities .
These amendments address this recommendation.
TAS government response July 2024
The Tasmanian Government accepts this recommendation.
On commencement, the Guardianship and Administration Amendment Act 2023 will ensure the Guardianship and Administration Act 1995 recognises and promotes the rights of people with disability consistent with the Convention on the Rights of Persons with Disabilities (CRPD).
Victoria
Response: Subject to further consideration
Status: Subject to further consideration
What has been achieved to date
As stated in the Victorian Government response, the Victorian Government will consider this recommendation further as additional analysis is required to determine if reform is desirable or necessary.
The Disability Royal Commission noted that multiple Acts in Victoria already reflect the Convention on the Rights of People with Disabilities. Replicating the existing protection and Article 12 under law may be counterproductive.
VIC government response July 2024
We will consider this recommendation further.
We need to examine the scope and impact of this recommendation before we determine our position.
The Disability Royal Commission noted that multiple Acts in Victoria already reflect the Convention on the Rights of People with Disabilities (CRPD).
Replicating the existing protection and Article 12 under law may be counterproductive.
Western Australia
Response: Subject to further consideration
Status: Subject to further consideration
What has been achieved to date
The Guardianship and Administration Act 1990 (GAA) is currently being reviewed by the Law Reform Commission of Western Australia (LRCWA), for reporting to Government in late 2025. The LRCWA will provide advice and make recommendations on new legislation to enhance and update the GAA. The Government’s response to the findings and recommendations of the LRCWA report will then inform the final position on these Disability Royal Commission recommendations.
WA government response July 2024
The WA Government is giving further consideration to this recommendation. A final position is contingent on the recommendations of the Law Reform Commission in their review of the Guardianship and Administration Act 1990 (WA), as outlined in the WA Response to Recommendation 6.4.
What the Disability Royal Commission said in the final report
States and territories should review and reform their guardianship and administration legislation to include a statement of statutory objects which:
a) recognises and promotes the rights of people with disability consistent with the Convention on the Rights of Persons with Disabilities (CRPD)
b) includes the text of article 12 of the CRPD
c) recognises the role of support to enable people who may require support to make, participate in and implement decisions that affect their lives.
More recommendations
View progress on other recommendations made by the Royal Commission.