18.09.2014
4.1 To encourage the adoption of supported decision-making at a Commonwealth level, the ALRC recommends a new model for decision-making (the Commonwealth decision-making model). This chapter outlines the model, based on the positions of ‘supporter’ and ‘representative’. The role of both supporters and representatives is to support people who may require decision-making support to make decisions in the relevant area of Commonwealth law.
4.2 This chapter describes the Commonwealth decision-making model and discusses the potential application of the model in areas of Commonwealth law, and the chosen terminology.
4.3 The chapter then addresses the key elements of the model. It makes recommendations about amending the objects or principles provisions in relevant Commonwealth legislation; the appointment, recognition, functions and duties of supporters and representatives; and appropriate and effective safeguards. The chapter also discusses the interaction of supporters and representatives with state and territory appointed decision-makers, such as guardians and administrators.
4.4 The ALRC recommends that mechanisms should be developed for sharing information about appointments of supporters and representatives, including to avoid duplication of appointments and to facilitate review and monitoring; and that the Australian Government provide guidance and training in relation to supported decision-making.