Responsibility: State and territory governments
Response:
TAS, VIC: Accept
ACT QLD NT: Accept in principle
NSW, SA, WA: Subject to further consideration
Australian Capital Territory
Response: Accept in Principle
Status: In progress
What has been achieved to date
The ACT 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.
ACT government response July 2024
These reforms to guardianship and administration laws will be included in the next stage of consultation and law reform as outlined in response to recommendation 6.4.
New South Wales
Response: Subject to further consideration
Status: Subject to further consideration
What has been achieved to date
The NSW Government is considering the recommendations about supported decision-making and guardianship reform and the advice from the NSW Guardianship Working Group.
NSW government response July 2024
The NSW Government is closely considering the recommended reforms in relation to supported decision making and reform of the guardianship framework. A Guardianship Working Group, made up of both government and non-government stakeholders has been engaged to inform the development of the NSW response to these recommendations. The Government is also undertaking a detailed assessment of the operational and resourcing impacts of reforms.
Northern Territory
Response: Accept in principle
Status: Further work required
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
The Northern Territory will consider legislative amendments as part a review of the Guardianship of Adults Act 2016.
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
The South Australian Government remains committed to considering this recommendation further, and will provide a response in due course.
SA government response July 2024
The South Australian government acknowledges the important principle to empower people living with disability to make their own decisions where possible and the importance of having systems in place to support this. The presumption of capacity exists in practice through the South Australian Civil and Administrative Tribunal (SACAT). SACAT can only make orders in specific life areas. 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: Accept
Status: Completed
What has been achieved to date
The Tasmanian Guardianship and Administration Amendment Act 2023 which commenced on 1 September 2024 inserted decision-making principles suggested by this recommendation to be observed by a person exercising a function under the Guardianship and Administration Act 1995.
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 ensure the Guardianship and Administration Act 1995 includes the decision-making ability principles suggested in this recommendation.
Victoria
Response: Accept
Status: Completed
What has been achieved to date
As stated in the Victorian Government response, the Guardianship and Administration Act 2019 (Vic) and the Powers of Attorney Act 2014 (Vic) give effect to this recommendation
VIC government response July 2024
We accept this recommendation in full.
The Guardianship and Administration Act 2019 (Vic) and the Powers of Attorney Act 2014 (Vic) give effect to this recommendation.
Victoria’s legal framework for decision-making presumes decision-making capacity at all levels (unless there is evidence to the contrary).
It also has a graded approach to decision-making and support. This preserves the person’s capacity as far as possible.
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 review and reform their guardianship and administration legislation to:
- ensure consistency with Principle 2 in Recommendation 6.6 that all people should be presumed to be able to make decisions
- provide that this presumption cannot be rebutted solely on the basis that a person has a disability
- require that anyone responsible for deciding whether the presumption has been rebutted that a person has decision-making ability for the relevant decision, must consider:
- the supports available to the person, including the quality of existing support relationships
- that decision-making ability is specific to the decision being made
- the nature and complexity of the specific decision to be made
- the views of the person and, with their consent, the views of family and informal supporters who have significant involvement in the person’s life.
More recommendations
View progress on other recommendations made by the Royal Commission.