Roundtable – Supported decision-making and guardianship - Summary report (Auslan)
This video in Auslan is about the Roundtable – Supported decision-making and guardianship - Summary report
Video transcript
Roundtables – Supported decision-making and guardianship
Summary report
Background
In this video we discuss two things:
Guardianship and administration orders - These are legal decisions that allow a person to make decisions for another person. Decisions might include where they live, what health care they get and how their money is managed. These are sometimes called ‘substitute decisions’.
Supported decision-making – This refers to a range of processes that assist a person to make decisions about their own life. Supports might include a friend or family member using visual aids. Or having flexible procedures, like additional breaks, for a person appearing at a tribunal.
The roundtables were held by the Disability Royal Commission in Canberra on 31 May 2022 and 1 June 2022.
We have written a report that summarises key outcomes of the roundtables. This video highlights some of these key outcomes.
Who participated in the roundtables?
More than 40 people took part in the roundtables. They included:
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experts
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advocates
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government representatives
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lawyers
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academics
Some of the attendees were people with disability themselves.
What did people say about supported decision-making?
People said supported decision-making is the common goal. People want to move towards supported decision-making and away from substitute decision-making.
People said supported decision-making should always focus on the person with disability. The person getting the support must be at the centre of processes and decisions.
People said there should be a national framework for supported decision-making. They said:
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This framework should inform changes to laws, and should change the conduct of professionals, government officials and others working with people with disability.
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This framework should include different groups of people, including First Nations people and culturally and linguistically diverse people with disability.
People said there needs to be cultural change to achieve reform. There is a lack of understanding in the broader community about the rights of people with disability to make decisions about their lives.
What did people say about guardianship?
People said that guardianship orders should be avoided wherever possible. Guardianship and administration orders should be reduced, and only used as a last resort.
People said guardians should use supported decision-making when a formal decision needs to be made, for example where a person should live.
People said guardianship should only be specific to certain decisions, for example decisions about accommodation should not concern health and medical treatment. And decisions should be for the shortest time possible. Once the decision is made, then there is no longer a need for a guardian.
People said there needs to be a variety of ways to reduce the reliance on guardianship orders, and to support people to make decisions. We need to do more than just change laws. We need to:
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empower people with disability
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provide information and support for families
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educate tribunal members
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change services and systems away from substitute decision-making.
More information
You can find the full summary report and more information on the roundtables on our website. Go to the ‘Policy & research’ section and click on ‘Roundtables’.