Responsibility: State and territory governments
Response:
VIC: Accept
QLD NT: Accept in principle
ACT, NSW, SA, TAS, 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 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.
This recommendation requires further consideration as preliminary community feedback indicated that models to be considered as part of the consultation should include, but not be limited to, the Victorian model for the statutory appointment of supporters.
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 including consideration of the Victorian government’s approach and its viability in the Northern Territory’s service context.
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 importance of formal supporters for people with disability. Further consideration is required to review details of Part 4 of the Victorian Guardianship and Administration Act 2019 to understand how this could be implemented in South Australia, including how it will interact with the Guardianship and Administration Act 1993 and the Powers of Attorney and Agency Act 1984.
Tasmania
Response: Subject to further consideration
Status: Subject to further consideration
What has been achieved to date
The Tasmanian Department of Justice has already undertaken two of a planned three rounds of reform to the operation of the guardianship and administration system with a focus on reflecting human rights-based processes. This recommendation will be further considered as part of a third round of reforms.
TAS government response July 2024
The Tasmanian Government needs to further consider what this recommendation means for Tasmania.
The current amendments to the Guardianship and Administration Act 1995 (Tas) do not include a legislated supported decision-making scheme, including appointments of supporters for people with disability. The Tasmanian Government will examine arrangements in other jurisdictions, in particular Victoria, to assess how existing statutory schemes may be applicable in a Tasmanian context.
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.
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 introduce into guardianship and administration legislation provisions to enable statutory and personal appointments of one or more supporters for personal and financial matters, following the approach taken by Victoria in Part 4 of the Guardianship and Administration Act 2019 (Vic) and Part 7 of the Powers of Attorney Act 2014 (Vic). This includes provisions on:
- appointment of supporters
- role, powers and duties of supporters
- safeguards in relation to supports
- review and revocation of support agreements and orders.
More recommendations
View progress on other recommendations made by the Royal Commission.