Decision Time: Activating the rights of adults with cognitive disability

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. The 25 recommendations support reform to improve laws and practices and reduce the impact these laws 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.

New Guardian and Administration Act (2019)

The new Guardianship and Administration Act 2019 came into effect on 1 March 2020. The new Act includes a presumption that a person has the capacity to make decisions unless evidence is provided otherwise and recognises that a person also has decision-making capacity if they can make decisions with support. This is an important shift away from the best interest approach to one where it is acknowledged that decisions should reflect the person’s will and preferences, unless it would cause serious harm to the person. Join Dr Norman Chia, an Advocate Guardian at the Office of the Public advocate, as he step us through the newly created Supported Decision Maker roles under the Act.