This report examines the extent to which Queensland’s guardianship system upholds the right of people to make their own decisions. The report found that aspects of Queensland's guardianship legislation uphold and support a person's decision-making autonomy, but it also imposes limits to supported decision-making. It also found that there are numerous barriers to the effective implementation of Queensland’s guardianship legislation and considerable work is required to reduce the reliance on state-based guardianship systems and encourage the use of supportive mechanisms to enhance the ability of people with decision-making limitations to make their own decisions.
The report highlights the building systemic and societal pressures on Queensland’s guardianship system and the opportunities that exist for government to take the lead on the issue of supported decision-making and support people with impaired decision-making capacity to be autonomous to the greatest extent possible.
State of Queensland (Department of Justice and Attorney-General) 2016