1.53 Australia was an active participant and leader in the development of the CRPD, contributing greatly to the negotiations of the text of the Convention. Australia was also one of the original signatories when it opened for signature on 30 March 2007.
1.54 The adoption by the Australian Government of the National Decision-Making Principles and the Commonwealth decision-making model set out in the Report will provide the impetus for further reform of laws nationally to promote better compliance with the CRPD.
1.55 The most difficult policy challenges in this area concern those who require the most support. Where a person’s will and preferences are difficult, or impossible to determine, they may need someone else to make decisions on their behalf. These hard cases should not, however, be treated as a barrier to building law and legal frameworks that move towards supported decision-making in practice, as well as in form.
1.56 Recent reviews and amendment of state and territory guardianship and administration laws provide important directions for reform. In the Report, the ALRC puts forward a model to encourage supported decision-making under Commonwealth laws and to provide the catalyst towards further initiatives at the state and territory level.
1.57 In adopting the model and leading its implementation federally, the Australian Government can maintain its leadership in championing and implementing reforms for persons with disability, ensuring their equal recognition before the law in accordance with art 12 of the CRPD.