6.1          In Chapter 4, the ALRC recommends a new model for supported and fully supported decision-making in areas of Commonwealth legislative responsibility (the Commonwealth decision-making model). Chapter 5 discussed the application of the model to the National Disability Insurance Scheme (NDIS).

6.2          This chapter discusses how the Commonwealth decision-making model might be applied to other existing legislative schemes. These schemes already contain some decision-making mechanism or make some provision for supporters and representatives however they are described, and concern individual decision-making in relation to:

  • social security, specifically under the Social Security (Administration) Act 1999 (Cth);
  • aged care, under the Aged Care Act 1997 (Cth); and
  • eHealth records, under the Personally Controlled Electronic Health Records Act 2012 (PCEHR Act).

6.3          The chapter also discusses how the model might be applied to individual decision-making in relation to personal information under the Privacy Act 1988 (Cth) and the provision of banking services.

6.4          In some of these areas, the ALRC considers that legislation should be amended to include provisions dealing with supporters and representatives consistent with the Commonwealth decision-making model and suggests how this might be done. However, any reform needs to be proportionate to the situation, and the role of the supporter or representative. In relation to privacy and banking, the ALRC recommends new guidelines to encourage supported decision-making, rather than legislation.

6.5          One overarching issue is the interaction between Commonwealth decision-making schemes and state and territory appointed decision-makers. In each area, the interaction of Commonwealth supporters and representatives with state and territory appointed decision-makers will have to be considered.[1]