This Discussion Paper is the second consultation document in the ALRC's Inquiry into Commonwealth laws and legal frameworks that deny or diminish the equal recognition of people with disability before the law, and their ability to exercise legal capacity. The public are invited to make submissions.

This Inquiry focuses on legal capacity for people with disability. It reflects the commitment expressed in the United Nations Convention on the Rights of Persons with Disabilities (CRPD), to which Australia is a signatory, signalling

the movement from viewing persons with disabilities as ‘objects’ of charity, medical treatment and social protection towards viewing persons with disabilities as ‘subjects’ with rights, who are capable of claiming those rights and making decisions for their lives based on their free and informed consent as well as being active members of society.

In considering what changes, if any, should be made to Commonwealth laws, the Terms of Reference for this Inquiry require the Australian Law Reform Commission (ALRC) to consider ‘how maximising individual autonomy and independence can be modelled in Commonwealth laws and legal frameworks’.

In this Discussion Paper the ALRC proposes a model that includes high level principles in relation to decision-making—the National Decision-Making Principles—to provide a conceptual overlay and framework for reform of Commonwealth laws and a basis for review of relevant state and territory laws. The model also includes provision for supported decision-making in a formal way in key areas of Commonwealth laws—the Commonwealth decision-making model. The remaining chapters focus on particular areas identified in the Terms of Reference, demonstrating the application of the Principles in a range of Commonwealth laws.