Decision-making support and Queensland’s guardianship system
There is increasing recognition that the focus on substitute decision-making must shift to the supports that should be provided to enable people to make decisions for themselves and exercise their legal capacity.
In many respects, this shift has its origins in the Convention on the Rights of Persons with Disabilities. However, more recently the Australian Law Reform Commission’s report Equality, Capacity and Disability in Commonwealth Laws and contemporary discourse continued to prompt advances in respect of this issue.
This project examined how well Queensland’s guardianship system upholds people’s rights to make their own decisions.
The outcomes of this work are presented in the report Decision-making support and Queensland’s guardianship system. This report was tabled in the Queensland Parliament on 15 June 2016.
On 16 June 2016, the Public advocate released a statement regarding the report.
In 2014, we published four documents that underpinned our report:
- Decision-making support for Queenslanders with impaired capacity: A conceptual framework
- A journey towards autonomy? Supported decision-making in theory and practice: A review of literature
- Autonomy and decision-making support in Queensland: A targeted overview of guardianship legislation
- Autonomy and decision-making support in Australia: A targeted overview of guardianship legislation