10.1 This chapter discusses the implications of the ALRC’s recommendation for review of state and territory laws and legal frameworks that have an impact on the exercise of legal capacity. The Terms of Reference for the Inquiry focused on Commonwealth laws and legal frameworks, but also asked the Inquiry to consider how maximising individual autonomy and independence could be ‘modelled’.
10.2 Modelling a new approach to individual decision-making at the Commonwealth level provides an opportunity to guide law reform at the state and territory level. Reform at the state and territory level is critical to the implementation of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) because many important areas of decision-making are governed by state and territory law—including in relation to guardianship and administration, consent to medical treatment, mental health and disability services.
10.3 The key elements of the ALRC’s approach include the National Decision-Making Principles and the Commonwealth supporter and representative scheme (‘Commonwealth decision-making model’), which reflects them.
10.4 The ALRC recommends that state and territory governments facilitate review of legislation that deals with decision-making by people who need decision-making support to ensure laws are consistent with the National Decision-Making Principles and the Commonwealth decision-making model. This chapter explains some of the implications of this recommendation and how the ALRC’s recommendations might be applied in specific areas of state and territory law.