The Victorian government has said of the Guardianship and Administration Act that it is compatible with human rights. It has acknowledged that the Act is ‘directed towards people with disability’ but has said that the extent to which the ‘making of a guardianship or administration order limits the right to equality, any such limitation is demonstrably justifiable and constitutes the minimum interference necessary to enable persons with limited decision-making capacity to participate in society and enjoy personal and social wellbeing’.

In this report, the Victorian Office of the Public Advocate (OPA) brings a human rights lens to its reflections. This approach:

• holds that all people with disability have the right to enjoy equality of opportunity and to effectively participate in, and be fully included in, society
• recognises that the vast majority of challenges experienced by people with disability are a result of disabling systems and environments, rather than being due to an inherent ‘lack’ in the individual
• sees impairment as an expected dimension of human diversity
• seeks for people with disability to be supported and resourced to have the capabilities to lead a dignifying and flourishing life.