10.1 This chapter discusses the implications of the ALRC’s proposals for state and territory laws that have an impact on the exercise of legal capacity. The Terms of Reference for the Inquiry focus on Commonwealth laws and legal frameworks, but also ask 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, administration, financial management, powers of attorney and consent to medical treatment.
10.3 The key elements of the ALRC’s approach include the proposed National Decision-Making Principles and the Commonwealth supporter and representative scheme (‘Commonwealth decision-making model’), which reflects them.
10.4 The ALRC proposes that state and territory governments should 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 proposal and how the ALRC’s proposals might be applied in specific areas of state and territory law.