11.1       This chapter discusses a number of issues that are relevant to other Commonwealth laws and legal frameworks that have an impact on the exercise of legal capacity. These relate to:

  • the common law relating to incapacity to contract;
  • consumer protection laws;
  • consent to marriage;
  • the nomination of superannuation beneficiaries;
  • acting in the role of a board member and in other corporate roles; and
  • holding public office.

11.2       The ALRC recommends amendments to the Marriage Act 1961 (Cth) and associated guidelines for marriage celebrants, and some provisions of the Corporations Act 2001 (Cth), to better reflect the National Decision-Making Principles. It also recommends that the Australian Government should review and replace provisions in Commonwealth legislation that require the termination of statutory appointments by reason of a person’s ‘unsound mind’ or ‘mental incapacity’.

11.3       The ALRC received submissions on a number of other areas which are not a focus of the Inquiry. While the ALRC does not make recommendations in these areas, some of the key concerns are outlined.