Oral Presentation Australasian Association of Bioethics and Health Law Conference

Reform of Guardianship and Administration Laws in Western Australia: The Value of Community Voices (2036)

Meredith J Blake 1
  1. Law School University of Western Australia, Perth, WA, Australia

In its review of the Guardianship and Administration Act 1990 (WA) (‘the Act’) the Western Australia (WA) Law Reform Commission (‘the Commission’) was particularly asked to consider whether to recommend a formal supported decision-making model, considering developments in international law and the recommendations of the Royal Commission into Disability. This paper will focus on this aspect of the review, recognising the challenges of extrapolating this from issues such as the decision-making standard, and relating it to other aspects of the review such as treatment decisions. As a vast jurisdiction populated by many regional and remote communities, WA presents a unique challenge for a law reform exercise, both in conducting meaningful consultation and in unpacking the complex issues which are presented by such a geographically large legal landscape. The paper identifies the feedback on supported decision-making from some of the many stakeholders who participated in the review, particularly those from regional and remote areas, and considers the implications of this for making reform recommendations on this issue. The concept of supported decision-making emerged as a key area of consensus, but stakeholders identified issues associated with the scope and operation of a formal model. In formulating its recommendations, the Commission has benefitted from being able to reflect on Victoria’s experience, the only Australian jurisdiction with a formal supported decision-making model, while also navigating the implications of the supported decision-making processes contained within the new Commonwealth aged care legislation. Ultimately the process has demonstrated the inestimable value of authentic community consultation.