Summary

3.1 In this chapter the ALRC proposes a set of National Decision-Making Principles and accompanying Guidelines that provide the first part of the modelling in Commonwealth laws required under the Terms of Reference for this Inquiry. These principles should guide reform of Commonwealth laws and legal frameworks and the review of state and territory laws and legal frameworks.

3.2 The Principles reflect the paradigm shift signalled in the United Nations Convention on the Rights of People with Disabilities[1] (CRPD) to recognise people with disabilities as persons before the law and their right to make choices for themselves.

3.3 The emphasis is on the autonomy and independence of persons with disability who may require support in making decisions—their wishes and preferences must drive decisions that they make, and that others may make on their behalf. The objective of the National Decision-Making Principles is to provide a conceptual overlay, consistent with the CRPD, that is applied in a Commonwealth decision-making model and provides the basis for review of relevant Commonwealth, state and territory laws.

[1] UN Convention on the Rights of Persons with Disabilities Opened for Signature 30 March 2007, 999 UNTS 3 (entered into Force 3 May 2008).