Responsibility: State and territory governments
Response:
QLD, NT: Accept in principle
ACT, NSW, SA, TAS, VIC, WA: Subject to further consideration
Australian Capital Territory
Response: Subject to further consideration
Status: Subject to further consideration
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
These issues will be considered as part of the work to occur as outlined in response to recommendation 6.4. This recommendation is subject to further consideration as the approach to systemic advocacy will build on the model of reform progressed following community consultation.
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 Disability 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 systemic advocacy functions is required in conjunction with its consideration of other supported decision-making recommendations.
The Ageing and Disability Commissioner Act 2019 provides that one of the Commissioner’s functions is to inquire into and report on systemic issues relating to the protection and promotion of the rights of adults with disability and older adults or the abuse, neglect or exploitation of adults with disability or older adults. Systemic issues relating to supported decision-making are directly relevant to this function.
The Commissioner is also empowered to advise and make recommendations to the Minister on matters relating to the abuse, neglect and exploitation of adults with disability and older adults.
Also see Recommendation 6.4.
Northern Territory
Response: Accept in principle
Status: Further work required
What has been achieved to date
Northern Territory Guardianship legislation has not been modernised to explicitly include supported decision making. The Northern Territory Public Guardian and Trustee continue to undertake systemic and direct advocacy regarding supported decision making where possible.
NT government response July 2024
Although the Northern Territory has a statutory body in place to undertake systemic advocacy, consideration will need to be given to the resourcing needed to undertake these additional functions.
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’s Structured Decision-Making Framework, along with initiatives such as establishment of the Office of the Customer Advocate, Financial Independence Pathway program, advocacy referral pathway, and education initiatives, supported by trained staff and support teams, greatly assist the agency’s capacity to help customers to feel safe and their decisions and financial position safeguarded.
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.
The South Australian government already has mechanisms in place through the Guardianship and Administration Act 1993 that provides the Public Advocate with statutory powers to advocate for, and promote the rights, of people with disability.
The Office of the Public Advocate has developed a number of resources to support guardians to adopt supported decision-making processes. Further consideration is required to extend these general advocacy functions specifically to supported decision-making to understand the policy, operational and budgetary impacts for South Australia.
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 amendments to the Guardianship and Administration Act 1995 (Tas) do not include the roles and functions of statutory bodies to undertake systemic advocacy to promote supported decision-making. This recommendation will be considered as part of future amendments to the Guardianship and Administration Act and other relevant Tasmanian legislation.
Victoria
Response: Subject to further consideration
Status: Subject to further consideration
What has been achieved to date
This recommendation is largely implemented by the Guardianship and Administration Act 2019 (Vic).
Further consultation is required to assess which aspects of this recommendation fall within the scope of Office of the Public Advocate 's activities, whether there are any other statutory bodies fulfilling these functions and whether any funding is required.
VIC government response July 2024
We will consider this recommendation further.
The Office of the Public Advocate helps people and organisations who need assistance around supported decision-making.
We need to consult with the Office of the Public Advocate to see which parts of this recommendation relate to their existing work. There may be other statutory bodies that fulfill these functions.
The Office of the Public Advocate advocates for people with disability on a systemic basis. This is provided for in section 15(c) of the Guardianship and Administration Act 2019 (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 ensure that, where this is not already the case, a statutory body has a function to undertake systemic advocacy to promote supported decision-making. This function should include:
- monitoring, investigating, researching, reporting, making recommendations and advising on any aspect of relevant decision-making legislation
- encouraging the development and improvement of programs, services and facilities that promote the autonomy of people with disability
- supporting organisations that undertake advocacy and education on supported decision-making.
More recommendations
View progress on other recommendations made by the Royal Commission.