Recommendation 6.6 – Supported decision-making principles

What has been achieved to date

The Commonwealth Department of Health, Disability and Ageing is identifying relevant Commonwealth legislation as the first stage in progressing national implementation of consistent supported decision-making principles (recommendation 6.6 (b)).

The Australian Capital Territory Government is developing a community consultation plan on further reforms to guardianship and other legislation to facilitate Supported Decision Making, which will include discussion of relevant recommendations from the Disability Royal Commission.

What the Disability Royal Commission said in the final report

a) States and territories which have not already done so should review and reform their guardianship and administration legislation to include the following supported decision-making principles. The legislation should oblige all persons exercising powers, carrying out functions or performing duties under the legislation to have regard to the principles.

Principle 1 – Recognition of the equal right to make decisions
All people have an equal right to make decisions that affect their lives and to have those decisions respected.

Principle 2 – Presumption of decision-making ability
All people must be presumed to be able to make decisions.

Principle 3 – Respect for dignity and dignity of risk
All people must be treated with dignity and respect and supported to take risks to enable them to live their lives the way they choose, including in their social and intimate relationships.

Principle 4 – Recognition of informal supporters and advocates
The role of informal supporters, support networks and advocates who provide support for decision-making should be acknowledged and respected.

Principle 5 – Access to support
People who may require supported decision-making should be provided with equitable access to appropriate support to enable the person, as far as practicable in the circumstances, to:

• make and participate in decisions affecting them
• communicate their will and preferences
• develop their decision-making ability.

Principle 6 – Decisions directed by will and preferences
The will and preferences of people who may require supported decision-making must direct decisions that affect their lives.

Principle 7 – Inclusion of safeguards
There must be appropriate and effective safeguards where people may require supported decision-making, including to prevent abuse and undue influence.

Principle 8 – Co-designed processes
People with disability, in particular people with cognitive disability, their supporters and representative organisations, should be involved in the development and delivery of policies and practices on supported decision-making.

Principle 9 – Recognition of diversity
The diverse experiences, identities and needs of people who may require supported decision-making must be actively considered.

Principle 10 – Cultural safety
First Nations people and cultural and linguistically diverse people with disability are entitled to supported decision-making that is culturally safe, sensitive and responsive. This includes recognising the importance of maintaining a person’s cultural and linguistic environment and set of values.

b) The Australian Government and state and territory governments should also take steps to review and reform other laws concerning individual decision-making to give legislative effect to the supported decision-making principles.

Joint Government response July 2024

The Australian Government and state and territory governments recognise and respect the inherent dignity and individual autonomy of all people with disability and are committed to ongoing work to ensure people with disability who may require support to make decisions are provided that support. All governments recognise substituted decision-making should only be used as a last resort.

Recommendation 6.6 (a)

The Australian Capital Territory, Northern Territory, Queensland, Tasmania, and Victoria accept in principle the principles outlined by the Disability Royal Commission.

New South Wales, South Australia and Western Australia note that consideration of the Disability Royal Commission’s supported decision-making principles is subject to legislative review processes in their respective jurisdictions.

Recommendation 6.6 (b)

The Australian Government and state and territory governments support taking steps to identify other relevant laws concerning decision-making that may require review regarding approaches to supported decision-making.

More recommendations

View progress on other recommendations made by the Royal Commission.