Responsibility: State and territory governments
Response:
ACT: Accept
NSW, QLD, SA, TAS, NT: Accept in principle
VIC, WA: Subject to further consideration
Australian Capital Territory
Response: Accept
Status: In progress
What has been achieved to date
The ACT Public Trustee and Guardian provided input to the Australian Guardianship and Administration Council updates to the National Standards of Public Guardianship in late 2024.
ACT government response July 2024
As a member of the Australian Guardianship and Administration Council, the ACT Public Advocate will contribute to updating the National Standards of Public Guardianship and National Standards for Financial Managers.
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 updating the National Standards of Public Guardianship and National Standards for Financial Managers.
The NSW Government notes that the National Guidelines for Financial Managers were updated by AGAC in October 2024, informed by the DRC recommendations.
NSW government response July 2024
Accept in principle, noting that changes to the Standards are a matter for AGAC.
Northern Territory
Response: Accept in principle
Status: In progress
What has been achieved to date
The National Standards for Financial Managers have recently been reviewed, and the Australian Guardianship and Administration Council have published its new National Guidelines for Financial Managers in October 2024.
The Northern Territory Public Guardian and Trustee will continue to collaborate with the Australian Guardianship and Administration Council on the development of information relating to national guidelines for Public Guardians/Public Advocates/Public Trustees and ensure that any information developed is available in an easy English format that is accessible to represented persons.
NT government response July 2024
Any amendments to the National Standards of Public Guardianship and National Standards for Financial Managers will be considered by the Australian Guardianship and Administration Council who have ownership of these documents.
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 worked closely with public trustees in other jurisdictions to review the national standards for financial managers in 2024. The updated National Guidelines for Financial Managers were subsequently approved by the Australian Guardianship and Administration Council (AGAC) and are now available on the AGAC website.
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: In progress
What has been achieved to date
The South Australian Attorney-General’s Department notes that the National Guideline for Financial Managers was updated by the Australian Guardianship and Administration Council in 2024, following review by state and territory Public Trustees. The guidelines set out levels of service that financial managers should aspire to achieve.
Progress on updating the National Standards of Public Guardianship is dependent on further work to be coordinated by the Australian Guardianship and Administration Council.
SA government response July 2024
The South Australian government supports updating the National Standards of Public Guardianship and National Standards for Financial Managers, noting that detailed consideration will need to be given to each of the proposals outlined in this recommendation as it relates to any legislative, policy, operational or budget impacts for South Australia.
Tasmania
Response: Accept in principle
Status: In progress
What has been achieved to date
National standards for public guardians, advocates and public trustees have been completed in Tasmania. The updated standards for public trustees were approved through the Australian Guardianship and Administration Council (AGAC) in October 2024, and the standards for Public Guardians and advocates were approved by AGAC on 11 April 2025.
TAS government response July 2024
The Tasmanian Government accepts this recommendation in principle.
The amendments to the Guardianship and Administration Act 1995 (Tas) introduces supported decision-making principles that will impact on the services delivered by the Public Trustee and the Public Guardian.
The Public Trustee introduced a supported decision-making framework in October 2023 which represented a significant change aimed at enhancing the lives of individuals with impaired decision-making abilities.
The Public Guardian's practice approach currently aligns with the principles of supported decision-making and person-centred approach to substitute decision-making, which is supported by a contemporary decision-making framework.
In terms of reviewing the National Standards, the Tasmanian Public Guardian and Public Trustee are members of the Australian Guardianship and Administrative Council (AGAC), which is actively progressing a review of the standards.
Victoria
Response: Subject to further consideration
Status: Subject to further consideration
What has been achieved to date
This recommendation is directed to the Australian Guardianship and Administration Council.
VIC government response July 2024
We will consider this recommendation further.
This recommendation is for the Australian Guardianship and Administration Council.
We will need to consult with the Council before we provide our response.
Western Australia
Response: Subject to further consideration
Status: In progress
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
Public advocates, public guardians and public trustees, through the Australian Guardianship and Administration Council, should update the National Standards of Public Guardianship and National Standards for Financial Managers to:
- include the supported decision-making principles
- align with reforms to state and territory guardianship and administration legislation that give effect to Recommendations 6.4–6.10
- amend the relevant standards to provide that public officials acting as representatives should have frequent meetings and ongoing, accessible communication with the represented person to get to know the person and develop a trusted relationship. Meetings should take place in line with a represented person’s preferences as to format and attendees, wherever practicable
- amend the relevant standards to recognise the importance of ensuring all engagement with First Nations and culturally and linguistically diverse people is culturally safe and responsive and that appropriate training for staff is provided to enable them to do so
- amend the relevant standards to recognise the importance of public officials acting as representatives facilitating connections between a represented person and advocates and informal supporters.
More recommendations
View progress on other recommendations made by the Royal Commission.