Responsibility: State and territory governments
Response:
TAS: Accept
ACT, QLD, VIC, NT: Accept in principle
NSW, SA, 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 reforms to guardianship and administration laws will be included in the next stage of consultation and law reform as outlined in response to recommendation 6.4.
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 is committed to understanding and improving practices to ensure supported decision-making principles can be used to better support people with disability, their families and carers.
Further consideration of all the reform proposals to the Guardianship and Administration Act 1993 is required to ensure a coordinated approach to any amendments, and to understand any policy, operational and budgetary impact.
Tasmania
Response: Accept
Status: Completed
What has been achieved to date
This recommendation was addressed by the Tasmanian Government as part of the second of a planned three rounds of reform to the operation of the guardianship and administration system with a focus on reflecting human rights-based practices.
A legislated supported decision-making scheme (recommendation 6.8) will be considered as part of a third round of reforms.
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 (Tas) includes a process for appointing a substitute decision-maker that respects the decisions of the person with disability.
The new laws do not include a definition of a 'supporter'. The Tasmanian Government needs to consider what work needs to be done to include a legislated supported decision-making scheme. This is linked to recommendation 6.8.
Victoria
Response: Accept in principle
Status: Further work required
What has been achieved to date
The Guardianship and Administration Act 2019 (Vic) already give effect to part of this recommendation. Further analysis required to determine the risks and benefits of this reform as it relates to the Powers of Attorney Act 2014 (Vic) (POA).
Substantive amendments may be required to the POA. Minor amendments may be required to the Guardianship and Administration Act 2014 (Vic).
VIC government response July 2024
We accept this recommendation in principle.
The Guardianship and Administration Act 2019 (Vic) already gives effect to part of this recommendation.
We need to consider other legislation involving decision-making processes.
Section 9 of the Guardianship and Administration Act 2019 (Vic) uses the same order of decision-making processes set out in this recommendation.
The Powers of Attorney Act 2014 (Vic) has some principles that reflect elements of the recommendation. However, they are not in hierarchical order.
If the recommendation is to cover the Powers of Attorney Act 2014 (Vic), we will need to do more work to look at the benefits and risks.
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 decision-making process that appointed supporters and representatives are required to follow.
The decision-making process for both supporters and representatives should involve:
- supporting the person to express their will and preferences
- assisting the person to develop their own decision-making ability.
The decision-making process for representatives should also include the following steps and considerations:
- the person’s will and preferences must be given effect
- where the person’s current will and preference cannot be determined, the representative must give effect to what they believe the person’s will and preferences are likely to be, based on all the information available
- if it is not possible to determine what the person would likely want, the representative must act to promote and uphold the person’s personal and social wellbeing with the least possible restriction on their dignity and autonomy
- a representative may override the person’s will and preferences only where necessary to prevent serious harm. In these circumstances, the representative must act to promote and uphold the person’s personal and social wellbeing with the least possible restriction on their dignity and autonomy.
More recommendations
View progress on other recommendations made by the Royal Commission.