Summary

4.1 To encourage the adoption of supported and fully supported decision-making at a Commonwealth level, the ALRC proposes a new model for decision-making (the Commonwealth decision-making model). This chapter outlines the proposed model, the basis of which is the concept of a ‘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 first 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 a number of proposals and asks questions about: the objects and principles of relevant legislation; the appointment, recognition, role and duties of supporters; and appropriate and effective safeguards. The ALRC also proposes introducing the concept of a representative, outlines the possible roles and duties of representatives; and asks questions about appropriate mechanisms for their appointment and the interaction with state and territory appointed decision-makers.

4.4 Finally, the ALRC makes a number of complementary proposals with respect to information sharing and the need for training and guidance.