Submission to the Victorian Law Reform Commission in response to the Guardianship Consultation Paper - Jun 2011

This submission was made in response to the Guardianship Consultation Paper prepared by the Victorian Law Reform Commission to inform its review of Victoria’s guardianship laws. This review is significant because it is the first time Victoria’s guardianship laws have been looked at through a human rights lens to ensure they are consistent with rights protected under the Charter of Human Rights and Responsibilities and the Convention on the Rights of Persons with Disabilities.

 

The Commission’s submission addresses a number of recommendations in the Consultation Paper, in terms of the role that the Charter and Convention on the Rights of Persons with Disabilities should play in the development of new guardianship laws in Victoria. Key issues discussed in the Commission's submission include:

  • the need for general principles and decision-making principles to reflect human rights standards
  • options for supported decision making and co-decision making as alternatives to substituted decision making
  • advance directives – medical and lifestyle
  • the link between impaired decision-making capacity and disability
  • principles for the assessment of capacity
  • lowering the age of guardianship
  • the powers of guardians and administrators including the Office of the Public Advocate and State Trustees Limited
  • the interaction of the guardianship laws with other laws including the Disability Act 2006 and the Mental Health Act 1986.

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