Responsibility: State and territory governments
Response:
ACT, QLD, SA, NT: Accept in principle
NSW, TAS, VIC, WA: Subject to further consideration
Australian Capital Territory
Response: Accept in Principle
Status: Further work required
What has been achieved to date
The Australian Guardianship and Administration Council have not yet reviewed the guidelines on maximising the participation of the person in guardianship proceedings. The ACT Civil and Administrative Tribunal will action the recommendation once the guidelines are updated.
ACT government response July 2024
The ACT Public Advocate is a member of the Australian Guardianship and Administration Council and will contribute to the updating of the Guidelines for Australian Tribunals: Maximising the participation of the Person in guardianship proceedings.
New South Wales
Response: Accept in principle
Status: Further work required
What has been achieved to date
The Australian Guardianship and Administration Council developed and has responsibility for any updates to the Guidelines for Australian Tribunals: Maximising the participation of the Person in guardianship proceedings.
NSW government response July 2024
NSW notes that updating the Guidelines is the responsibility of the Australian Guardianship and Administration Council (AGAC).
The Guardianship Division of the NSW Civil and Administrative Tribunal (NCAT) already dedicate resources to comply with its statutory obligation to take into account the views of the subject person. This includes through pre-hearing outreach to ensure that the subject person attends the hearing and suitable arrangements are made to facilitate their attendance and participation.
NCAT is committed to implementing the existing AGAC Guidelines for participation and in many areas exceeds that recommended by the Guidelines.
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 the proposed changes of the Australian Guardianship and Administration Council noting flexibility in implementing this recommendation will be required taking into consideration the Territory’s geographic profile.
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: Accept in principle
Status: Further work required
What has been achieved to date
Work to deliver this recommendation has not yet commenced in South Australia.
The South Australian Attorney-General’s Department notes that progress on Part B of this recommendation is dependent on further work by the Australian Guardianship and Administration Council on revisions to the Guidelines for Australian Tribunals.
The South Australian Civil and Administrative Tribunal (SACAT) continues to implement the parts of the current Guideline which are already part of the Tribunal's practices and procedures.
SA government response July 2024
The South Australian government is supportive of the Australian Guardianship and Administration Council updating the Guidelines for Australian Tribunals: Maximising the participation of the Person in guardianship proceedings. The South Australia Civil and Administrative Tribunal (SACAT) will then consider adopting these guidelines, while considering any policy, legislative, operational or budget impacts for South Australia.
Tasmania
Response: Subject to further consideration
Status: Subject to further consideration
What has been achieved to date
The Australian Guardianship and Administration Council (AGAC) have an existing Maximising the Participation of Person’s under guardianship proceedings Guideline in place. AGAC have recognised the need for this Guideline to be updated to reflect contemporary practices, however, funding will be required to undertake this project of work. This remains an issue that AGAC is still considering.
TAS government response July 2024
The Tasmanian Government needs to further consider what this recommendation means for Tasmania.
The Tasmanian Government recognises the importance of maximising the participation of the person in guardianship proceedings.
To inform our response to this recommendation, the Tasmanian Government needs to understand the Australian Guardianship and Administrative Council's position about updating the Guidelines for Australian Tribunals: Maximising the Participation of Person in Guardianship Proceedings.
Victoria
Response: Subject to further consideration
Status: Subject to further consideration
What has been achieved to date
This recommendation is for the Australian Guardianship and Administration Council.
The current guidelines on maximising participation were authored by the Australian Guardianship and Administration Council, funded by the Commonwealth.
Further consideration will be given when updated guidelines are available.
VIC government response July 2024
We will consider this recommendation further.
This recommendation is for the Australian Guardianship and Administration Council.
We will consult with the Council to consider this recommendation.
The Guidelines are a national document. This means some jurisdictions may need to revise their laws before the Council can amend the document in line with this recommendation.
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
a) The Australian Guardianship and Administration Council should update the Guidelines for Australian Tribunals: Maximising the participation of the Person in guardianship proceedings to align with our recommendations on guardianship and supported decision-making (see in particular Recommendations 6.4–6.10 and 6.19).
b) The guardianship division or list in each state and territory tribunal should consider adopting, through practice directions or other appropriate means, the updated Guidelines for Australian Tribunals: Maximising the participation of the Person in guardianship proceedings.
More recommendations
View progress on other recommendations made by the Royal Commission.