The report focuses on matters relevant to people with cognitive disabilities, including mental health and neurological disabilities, which may affect their ability to make decisions without support. It builds on work the Deputy Public Advocate, Dr John Chesterman, did as a Churchill Fellow in 2013 around international adult protection systems.
The recommendations support reform to improve laws and practices, and the impact they have on people with cognitive disabilities. Such reforms will enable Australia to meet its obligations under the United Nations Convention on the Rights of Persons with Disabilities.
The 25 recommendations in the landmark report include:
- carers to be legal ‘decision-supporters’ of their adult children with disability.
- broad powers for public advocates and public guardians to investigate abuse, neglect and exploitation
- fines for people who abuse their legal power to make decisions for others, and compensation for those affected
- people to be able to make advance medical decisions, including about their end-of-life, which are binding on healthcare professionals
- changes to laws about decision-making for people with disability to reflect what they want – their will and preference rather than their ‘best interests’— where this is not yet available.
- Topics:
- Guardianship & Administration, Justice
- Author:
- Office of the Public Advocate
- Date published:
- Tue 9th Mar, 2021