Responsibility: Australian Government
Response: Subject to further consideration
Status: Subject to further consideration
What has been achieved to date
The Australian Government will revisit its interpretative declaration on Article 12 following its work on recommendation 6.6.
The Australian Government is working with states and territories to consider recommendation 6.6 – embedding the Disability Royal Commission’s supported decision making principles into relevant legislation and policy.
See recommendation 6.6 for details on what has been achieved to date.
What the Disability Royal Commission said in the final report
Commissioners Bennett, Galbally, Mason and McEwin recommend the Australian Government withdraw its interpretative declaration in relation to article 12 of the Convention on the Rights of Persons with Disabilities.
Australian Government Response July 2024
The Australian Government is committed to fulfilling its obligations under the Convention on the Rights of Persons with Disabilities (CRPD) to promote, protect and ensure the full and equal enjoyment of the rights of people with disability in Australia.
Australia recognises that persons with disability enjoy legal capacity on an equal basis with others in all aspects of life. Currently, Australia’s interpretative declaration to the CRPD states that the Convention allows for fully supported or substituted decision-making arrangements, which provide for decisions to be made on behalf of a person, only where such arrangements are necessary, as a last resort and subject to safeguards.
As outlined in response to recommendation 6.6, the Australian Government recognises and respects the inherent dignity and individual autonomy of all people with disability and is committed to ongoing work to ensure people with disability who may require support to make decisions are provided that support. The Australian Government reaffirms that substituted decision making should only be used as a last resort and subject to safeguards.
The Australian Government will revisit its interpretative declaration on Article 12 following its work in collaboration with states and territories to consider embedding the Disability Royal Commission’s supported decision making principles outlined at recommendation 6.6 into relevant legislation and policy.
More recommendations
View progress on other recommendations made by the Royal Commission.