Objects and principles of Commonwealth legislation

Recommendation 4–2               The objects and principles provisions in Commonwealth legislation concerning decision-making by persons who require decision-making support should reflect the National Decision-Making Principles.

4.42       The first key component of the ALRC’s recommended approach to reform of Commonwealth laws and legal frameworks is the inclusion of supported decision-making principles under relevant legislation.

4.43       The ALRC recommends amendment of existing objects or principles provisions contained in relevant legislation, or where there are no such provisions, their inclusion, to reflect the National Decision-Making Principles.

4.44       This would ensure the National Decision-Making Principles guide the application and interpretation of the legislation as a whole, or the particular division or part that deals with supporters and representatives.

4.45       This approach was supported by a number of stakeholders.[36] For example, the Disability Advocacy Network Australia (DANA) submitted that

it should be an explicit object of legislation in the disability area … to promote the decision making capacity of people with disability, to build the capacity of people with disability to make decisions and participate in decision making, and to enable access to decision making support for all people with disability whose decision making capacity is impaired.[37]