Response:
ACT, QLD, VIC, NT: Accept in principle
NSW, SA, TAS, WA: Subject to further consideration
Australian Capital Territory
Response: Accept in Principle
Status: In progress
What has been achieved to date
The ACT Public Trustee and Guardian have continued to attend ACT Civil and Administrative Tribunal hearings to address any applications where supported decision making needs to be considered. The ACT Public Trustee and Guardian have also taken part in stage 2 consultation in legislative reform for supported decision making with the ACT Human Rights Commission Legal Professional Privilege.
ACT government response July 2024
The provision of information, education and training is an important part of building a culture of supported decision-making. The ACT Public Trustee and Guardian currently provides information and assistance to individuals considering these issues and assists ACT Civil and Administrative Tribunal to consider supported decision-making as an alternative to guardianship or management orders.
Through the ACT Disability Justice Strategy 2019-2029 the ACT Government also funds projects to provide information and resources for supported decision-making. Any allocation of statutory responsibility for this role will be considered as part of the next stage of supported decision-making reform.
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 Government will consider whether further reform in relation to information and education functions is required in conjunction with its further consideration of other supported decision-making recommendations.
In NSW, the Public Guardian already provides a range of information and education to guardians, service providers and the broader community about the role and function of a guardian, alternatives to guardianship, and the process for applications for and reviews of guardianship orders. It also provides support to private and enduring guardians. The NSW Trustee and Guardian also provide information and education to private financial managers.
The Ageing and Disability Commission (ADC) also has functions in relation to information, education and advice and assistance in relation to the abuse, neglect and exploitation of adults with disability and older adults.
Northern Territory
Response: Accept in principle
Status: In progress
What has been achieved to date
Community education sessions provided by the Northern Territory Public Guardian and Trustee regarding guardianship and health care decision making include information about supported decision making. Adult Guardianship Officers provide decision-making support wherever possible.
Opportunities to provide further specialist education sessions in the Northern Territory are currently under consideration.
NT government response July 2024
The Northern Territory will review existing information and education on supported decision-making and identify improvements in line with this recommendation.
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.
The Queensland Public Trustee has developed and implemented an industry-first Structured Decision-Making Framework based on La Trobe University’s best practice supported decision-making model, which supports staff to ensure customers’ views, wishes and preferences are considered in consultation with their support networks.
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
While the Public Advocate has significant advocacy functions under the Guardianship and Administration Act 1993, there are no explicit powers around the provision of information, education and training on supported decision-making. The Public Advocate does provide educational resources for guardians to help them understand how to practice supported decision-making with clients.
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 impacts.
Tasmania
Response: Subject to further consideration
Status: Subject to further consideration
What has been achieved to date
The Tasmanian Government remains committed to considering this recommendation further.
TAS government response July 2024
The Tasmanian Government needs to further consider what this recommendation means for Tasmania.
The Tasmanian Government will be considering the roles and functions of the Public Guardian, including functions in relation to supported decision-making in the next round of reforms to the Guardianship and Administration Act 1995.
Victoria
Response: Accept in principle
Status: Further work required
What has been achieved to date
This recommendation is largely implemented by the Guardianship and Administration Act 2019 (Vic); however, some minor change may be required.
Further consultation is required to confirm the totality of the recommendation can be acquitted within existing resources.
VIC government response July 2024
We accept this recommendation in principle.
The Guardianship and Administration Act 2019 (Vic) already covers most of this recommendation.
The Office of the Public Advocate helps people and organisations who need assistance around supported decision-making.
The Office of the Public Advocate provides advice, information and education on the Powers of Attorney Act 2014 (Vic). It has a telephone/web-based advice line. It also publishes the Take control information guide (recently updated in 2022) and electronic forms.
This role is not enshrined in the Powers of Attorney Act 2014 (Vic). However, it does not need to be. This is because it is implemented via funding arrangements.
We will need to consult with Office of the Public Advocate to make sure everything in this recommendation can be done with existing resourcing.
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) States and territories should ensure that, where legislation to this effect is not already in place, the functions of public advocates and public guardians include providing information, education and training on supported decision-making to people requiring supported decision-making and their families, private supporters and representatives (present or prospective), disability service providers, public agencies, the judiciary, tribunal members and legal representatives.
b) States and territories should ensure that, where legislation to this effect is not already in place, public advocates and public guardians are empowered to provide advice and assistance to people who may require decision-making support, including in relation to applications for support and representation orders.
More recommendations
View progress on other recommendations made by the Royal Commission.