In 2014, the Australian Law Reform Commission recommended changes to Australian laws so that they comply with the United Nations Convention on the Rights of Persons with Disabilities (CRPD).
This includes recognising all adults, including those with a cognitive disability, have an equal right to make decisions, and adding supported decision-making as an alternative to substitute decision-making.
Currently, the Public Advocate is appointed by the South Australian Civil and Administrative Tribunal when a person who needs to make an important decision for themselves is found to have a ‘mental incapacity’.
However, we also recognise that good decision support can change a person’s capacity in relation to their decision-making. For example, help to understand information and support to think through options and consequences.
Find resources and information on this website page.