Advocacy for Inclusion welcomed the review of ACT Guardianship arrangements for adult people with disabilities- as it has long been advocating for major changes to both the laws of guardianship and how it works in practice. (See our past policy work on Decision Making). The current legislation is at odds international human rights law and, specifically, the standards contained in Article 12 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD).

Advocacy for Inclusion envisages adults with disabilities in our community making their own decisions, with the support they need to do so. This vision requires law reform driven by and committed to the rights of people with disabilities to self-determination, equal recognition before the law and equal enjoyment of legal capacity.

This Submission includes numerous recommendations relating to:

• the importance of the ACT taking action to make reforms that are fully compliant with the right to equality before the law (that is enshrined in Article 12 of the CRPD and also expressed in the ACT’s own Human Rights Act 2004 –Section 8). Full compliance requires moving from the current model of substitute decision making (which deprives people with disabilities of their decision making rights) to supported decision-making (which enables people with disabilities to make their own decisions with the needed support);
• how the National Decision Making Principles (developed in the Australian Law Reform Commission Inquiry as a framework for Article 12 Implementation) reflect fundamental shifts in our understandings of legal capacity, equality and disability;
• peoples’ experiences with current guardianship arrangements, and the various problems with law, procedure and cultural attitudes;
• how reformed adult decision making legislation and practice would operate, including in relation to decision making support, giving effect to will, preferences and rights, the duties of supporters, safeguarding and accountability and the use of “representative decision making” in very limited circumstances;
• aspects of supported decision-making in practice, including the importance of long-term resourcing, information and training to support transition towards the implementation of equal rights in decision-making for people with disabilities.