A national approach to regulation
Recommendation 8–1 The Australian Government and the Council of Australian Governments should take the National Decision-Making Principles into account in developing the national quality and safeguards system, which will regulate restrictive practices in the context of the National Disability Insurance Scheme. The National Framework and the NDIS8.36 The ALRC recommends the development of the NDIS …
Publications
Read moreWitnesses
7.156 People with disability face a range of barriers that may limit their ability to participate as witnesses. In relation to court processes, the barriers include rules on the competency of witnesses, and difficulties in accessing the necessary support and assistance in giving evidence. Aspects of these issues are discussed below.7.157 More generally, the Judicial …
Publications
Read moreAged care
6.38 This section outlines how the National Decision-Making Principles and the Commonwealth decision-making model may apply to aged care to ensure equal recognition before the law and legal capacity for older persons with disability.6.39 Older people receiving aged care services who have intellectual, cognitive, physical or mental disabilities may find it difficult, without support, to …
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Read moreSupported decision-making at a Commonwealth level
Recommendation 4–1 A Commonwealth decision-making model that encourages supported decision-making should be introduced into relevant Commonwealth laws and legal frameworks in a form consistent with the National Decision-Making Principles and Recommendations 4–2 to 4–9. 4.5 In the ALRC’s view, it is desirable to introduce statutory mechanisms for formal supported decision-making at a Commonwealth level. 4.6 …
Publications
Read moreInteraction with other appointed decision-makers
4.128 One of the major difficulties in applying the Commonwealth decision-making model is determining the appropriate interaction of supporters and representatives with other supporters and representatives, as well as state and territory appointed decision-makers, such as guardians and administrators. The NSW Government observed that important issues in relation to this interaction include: Whether state-based appointees …
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Read moreInternational context
United Nations Convention on the Rights of Persons with Disabilities2.4 TheCRPD was the first binding international human rights instrument to explicitly address disability. Australia was an active participant and leader in its development, contributing greatly to the negotiations of the text of the Convention.[2] Australia was also one of the original signatories when it opened …
Publications
Read moreRecommendations
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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