Responsibility: State and territory governments
Response:
ACT: Accept
QLD, SA, VIC: Accept in principle
NSW, WA, NT: Subject to further consideration
Australian Capital Territory
Response: Accept
Status: Complete
What has been achieved to date
This recommendation is complete for the ACT.
ACT government response July 2024
The ACT does not have any restrictions on disclosing or publishing personal information about people with disability who are subject to applications and orders for guardianship and administration.
There is no existing legislation which prevents an individual who has had a guardianship or management order made by the ACT Civil and Administrative Tribunal from speaking about the order, their satisfaction (or not) with the order and the services provided. ACT Civil and Administrative Tribunal orders are provided to the individuals subject to the order and to the ACT Public Trustee and Guardian. A copy of an order can also be requested from the ACT Civil and Administrative Tribunal.
ACT Civil and Administrative Tribunal generally conducts open hearings in relation to guardianship and financial management orders, but has discretion under section 39 of the ACT Civil and Administrative Tribunal Act 2008 to direct that the hearing (or part of it) take place in private and prohibiting or restricting the disclosure and publication of evidence if ACT Civil and Administrative Tribunal is satisfied that the right to a public hearing is outweighed by competing interests.
New South Wales
Response: Subject to further consideration
Status: Subject to further consideration
What has been achieved to date
The NSW Government continues to consider this recommendation in the context of broader guardianship and supported decision-making recommendations made by the Royal Commission and advice from the NSW Guardianship Working Group.
NSW government response July 2024
The NSW Government supports the overarching principle that a person to whom a guardianship or financial management order relates should be able to tell their story. However, any amendment would need to appropriately balance privacy concerns with this objective. The NSW Government will consider this issue in light of the recommendations about these provisions made by the NSW Law Reform Commission in its Open Justice review.
Also see recommendation 6.4.
Northern Territory
Response: Subject to further consideration
Status: Subject to further consideration
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
There are a number of existing confidentiality rules, privacy laws and policies, including the balance of risks, that will require careful consideration and assessment.
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
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 acknowledges the rights of people with disability to talk publicly about their lives if they choose to do so. Further consideration is required to ensure the confidentiality provisions that protect the person with disability, their guardians and carers from unwanted public or media exposure remain as an important safeguard.
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 included revised provisions around confidentiality of information. The changes allow people under guardianship orders to consent to publication of their information if they so choose.
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 include revised provisions around confidentiality of information. The changes allow people under guardianship orders to consent to publication of their information if they so choose.
Victoria
Response: Accept in principle
Status: Further work required
What has been achieved to date
Further analysis is required to determine what if any legislative reform is required or appropriate.
VIC government response July 2024
We accept this recommendation in principle.
However, the reforms are complex. We will need to consult with stakeholders before we can accept the recommendation in full.
We will also need to consider laws with similar prohibitions regarding people with impaired capacity. These laws include the Powers of Attorney Act 2014 (Vic) and the Medical Treatment Planning and Decisions Act 2016 (Vic).
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 amend their guardianship and administration laws or tribunals acts, to:
- repeal provisions prohibiting publication of material identifying a party to the proceedings as the default position
- empower the tribunal to make an order prohibiting publication of material identifying the party to the proceedings, if the circumstances justify such an order, taking into account the will and preferences of that party.
More recommendations
View progress on other recommendations made by the Royal Commission.