THE Disability Royal Commission is holding its 30th public hearing to examine Australian guardianship and administration laws and policies with a particular focus on how substituted decision-making impacts on the rights of people with disability. It commenced on November 21 2022.
The Convention on the Rights of Persons with Disabilities (CRPD) recognises the importance of autonomy for people with disability, including the freedom to make one’s own choices and express their independence. It also recognises that people with disability may require support to exercise their legal capacity.
Public hearing 30 builds on previous and ongoing work of the Royal Commission, including policy roundtables held in May and June 2022 on guardianship and supported decision-making. To date, thirteen of the Royal Commission’s public hearings have raised issues connected to decision-making and guardianship arrangements.
Lived-experience witnesses, advocacy groups, the NDIA, Public Guardians and Public Trustees will give evidence at Public hearing 30, which will:
Explore the barriers for people with disability participating in guardianship and administration proceedings and the impact of the decisions on their lives
Examine the assumptions about capacity and decision-making, including fluctuating capacity at different times of a person’s life
Consider why substituted decision-making (such as guardianship and financial administration) appears not to be used as a last resort and why models of supported decision-making are not more widely used as an alternative to substituted decision-making
Consider what safeguards may be appropriate to reduce violence, neglect and exploitation of people with disability in the context of both substituted and supported decision-making
Aboriginal and Torres Strait Islander witnesses will detail their experiences under these orders, and discuss whether important information is culturally considerate and easily accessible.
The Royal Commission has received 1,379 submissions and held 468 private sessions raising issues about guardianship, choice and control, and decision-making (as at 14 November 2022). Submissions remain open until the end of the year via www.disability.royalcommission.gov.au/share-your-story
