The Act sets up a new model for supported decision-making across the aged care system. It better recognises the important role of families and carers in the lives of older people.
A person who has the consent of an older person may register with the department as a supporter for the older person. Someone can also be registered if they are legally appointed under a state or territory framework to make decisions on behalf of an older person. These people are known as registered supporters and are formally recognised under the Act.
What a registered supporter can do
Once registered and with the consent of the older person, the supporter can:
- help the older person to make their own decisions
- request, access or get information to help the person they are supporting
- communicate information on behalf of the older person – for example, decisions the older person has made.
A registered supporter is not the same as a substitute decision-maker. In general, a registered supporter can’t make decisions on behalf of the older person. They can only do so if they have the legal authority, such as being a legal guardian or having enduring power of attorney.
Duties of a registered supporter
The role of a registered supporter comes with clear duties. A person must be able to carry out these duties to be registered. The department must reject someone’s application to be a registered supporter if it doesn’t consider the person can fulfil the duties.
The department can also suspend and then cancel a supporter’s registration, including where the department considers the supporter hasn’t followed the requirements of the Act.
A registered supporter’s duties include:
- notifying the department about anything that may affect their ability or capacity to be a supporter as soon as reasonably practicable
- acting in a way that promotes the wishes, preferences and personal, cultural and social wellbeing of the older person
- acting honestly, diligently and in good faith
- supporting the older person only as much as they need, with the aim of making sure the older person maintains their ability to make decisions
- avoiding or managing any conflict of interest and letting the department know if any conflict arises.
Protections for registered supporters and supporter liability
[Chapter 1 – Part 1 – Division 2]
The Act sets out the liabilities of registered supporters. This means what they are legally responsible for when carrying out their supporter role.
In their role, supporters are not liable for:
- any action, or omission of the older person; or
- anything they do in good faith.
Current and past supporters may be liable for their own actions or omissions where they haven’t acted in good faith in their role as a supporter. This means they may be subject to penalties if they have acted dishonestly or used information they gained through their role with the intention of dishonestly:
- getting a benefit for themselves or any other person, such as financial gain
- causing harm or loss to another person.
The penalties recognise the serious harm that can occur when a supporter acts dishonestly.
Disclaimer
This publication is not legal advice and must not to be used or relied upon as a substitute for legal advice. Users must seek their own independent legal advice in relation to their particular circumstances.