Recommendations
Download PDF of Recommendations.3. National Decision-Making PrinciplesRecommendation 3–1 Reform of Commonwealth, state and territory laws and legal frameworks concerning individual decision-making should be guided by the National Decision-Making Principles and Guidelines (see Recommendations 3–2 to 3–4) to ensure that:supported decision-making is encouraged;representative decision-makers are appointed only as a last resort; andthe will, preferences and rights of …
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Read moreTerms of Reference
Review of equal recognition before the law and legal capacity for people with disabilityI, Mark Dreyfus QC MP, Attorney-General of Australia, having regard to:the United Nations Convention on the Rights of Persons with Disabilities, to which Australia is a party and which sets out:rights for people with disability to recognition before the law, to legal …
Publications
Read moreReport into Serious Invasions of Privacy in the Digital Era released
The Australian Law Reform Commission’s Final Report, Serious Invasions of Privacy in the Digital Era (Report 123, 2014) was tabled in Parliament today and is now publicly available.The Terms of Reference for this Inquiry, required the ALRC to design a tort to deal with serious invasions of privacy in the digital era. In this Report, …
News/Media Release
Read moreA Commonwealth Act
Recommendation 14–1 The Commonwealth Government should enact surveillance legislation to replace existing state and territory surveillance device laws. 14.15 There are significant inconsistencies between existing state and territory surveillance device laws. There are differences between the laws with respect to the types of surveillance devices covered, the types of activities which amount to an offence, …
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Read moreCause of action limited to natural persons
Recommendation 10–2 The new tort should only be actionable by natural persons. 10.41 The ALRC recommends that the statutory cause of action for serious invasion of privacy be limited to natural persons.[31] This means that corporations, government agencies or other organisations[32] would not have standing to sue for invasions of privacy. This recommendation was unanimously …
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Read moreNegligence
7.45 The ALRC does not recommend that negligent invasion of privacy be actionable under the new tort. Negligence depends on whether the actor’s conduct[46] measured up to an objective standard of what a reasonable person in the position of the defendant would or would not do in the circumstances. In this objective test, the intention …
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Read moreReview of state and territory legislation
Proposal 10–1 State and territory governments should review laws that deal with decision-making by people who need decision-making support to ensure they are consistent with the National Decision-Making Principles and the Commonwealth decision-making model. In conducting such a review, regard should also be given to: (a) interaction with any supporter and representative schemes under Commonwealth …
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Read moreAged care
6.36 The following section outlines how the National Decision-Making Principles and the Commonwealth decision-making model may apply to aged care. Aged care is an increasingly important area of federal responsibility in the context of Australia’s ageing population. The Australian Government is responsible for the funding and regulation of most residential aged care and home care …
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Read moreInformation sharing
Proposal 4–10 The Australian Government should develop mechanisms for sharing information about appointments of supporters and representatives, including to avoid duplication of appointments. 4.98 The appointment of supporters and representatives in accordance with the Commonwealth decision-making model would represent a significant reform to current Commonwealth decision-making arrangements. As outlined earlier in this chapter, one of …
Publications
Read moreSupported decision-making at a Commonwealth level
Proposal 4–1 Commonwealth laws and legal frameworks should encourage supported decision-making by adopting a model for individual decision-making consistent with the National Decision-Making Principles and Proposals 4–2 to 4–9 (the ‘Commonwealth decision-making model’). 4.5 In the ALRC’s view, it is desirable to introduce statutory mechanisms for formal supported decision-making at a Commonwealth level. A range …
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