- Law Reform Commission of Western Australia is reviewing laws that protect vulnerable people who are subject to the State's guardianship and/or administration framework
- Western Australians are encouraged to express views as Volume 1 of Discussion Paper released
- Recommendations, including on supported decision making, will inform reforms to improve people's experience of the guardianship and administration system
The State Government is calling on the public to express their views on modernising Western Australia's guardianship and administration laws.
Earlier this year, the Attorney General instructed the Law Reform Commission of Western Australia (LRCWA) to review, provide advice and make recommendations on enhancing and updating theGuardianship and Administration Act1990(WA) (Act). The review includes fast-tracked consideration of the recommendations of the Disability Royal Commission which recommended sweeping changes to guardianship and administration across the country.
The LRCWA is inviting public submissions from 20 December 2024 to 17 April 2025 on Volume 1 of a Discussion Paper, as part of its review.
Volume 1 of the Discussion Paper considers a number of issues in connection with revising the current laws, including whether WA should adopt a supported decision-making model. Supported decision-making refers to the process where an individual assists another person to exercise their right to make their own decisions.
Under the existing Act, a substitute decision-maker can be appointed to make personal, health and financial decisions on behalf of another person who does not have capacity to make those decisions.
Other issues canvassed in Volume 1 include the roles and responsibilities of guardians and administrators, and the statutory functions of the Public Advocate and Public Guardian.
The document outlines the current law on these issues and sets out ideas for change based on information from government and non-government bodies, as well as people with lived experience.It also cites a selection of preliminary views from a range of stakeholders.
Volume 2 will be published in early 2025 and will focus on the role of the State Administrative Tribunal, appeals and reviews, the creation of enduring powers of attorneys and guardians, and advance health directives.
Volume 1 of the Discussion Paper and information on how to make a submission or participate in consultations is outlined on the Commission's website before 17 April 2025.
A summary of the Discussion Paper will be available in easy-to-access formats and translated into various languages.
The LRCWA will also conduct consultations with stakeholders, including interested members of the public, before submitting its report to the Government for consideration.
As stated by Attorney General John Quigley:
"Our Government is committed to reforming Western Australia's guardianship and administration laws to bring them into line with contemporary standards in the disability and aged care sectors.
"We will consider the recommendations of both the Law Reform Commission of Western Australia and the Disability Royal Commission, along with previous reviews of the legislation.
"The result will be an updated Act that reflects community expectations and best practices, and ensures greater protections, rights and respect for vulnerable people.
"I urge members of the public and stakeholders to make written submissions or talk to the LRCWA about their ideas and opinions through the consultation processes."
