Project 114 - Review of Guardianship and Administration Act 1990 (WA): Discussion Paper Volume 1

Project 114 - Review of Guardianship and Administration Act 1990 (WA): Discussion Paper Volume 1
The Law Reform Commission of Western Australia is reviewing and advising on updates to the Guardianship and Administration Act 1990 (WA).

Due to the review’s complexity, the Commission published its Discussion Paper in two parts: Volumes 1 and 2.

The papers outline key issues, pose questions and explain how to share your views.

We invite feedback from anyone with personal, professional experience or ideas for reform.

This survey supports submissions to Discussion Paper Volume 1 (PDF, 1.5MB). You can upload a document via the survey form, email your submission, or respond to selected survey questions.

The survey has been divided into 8 Parts as listed below.
- Part 1 – Chapter/s 1 to 4: Introduction, History and Overview of the Act, the Act’s Current Landscape and Guiding Principles of the LRCWA’s review
- Part 2 – Chapter 5: Language in the Act
- Part 3 – Chapter 6: Principles and Objectives
- Part 4 – Chapter 7: Decisional Capacity
- Part 5 – Chapter 8: The Decision-Making Standard
- Part 6 – Chapter 9: A Formal Model of Supported Decision-Making
- Part 7 – Chapter 10: Substitute Decision-Makers: Guardians and Administrators
- Part 8 - Chapter 11: The Public Advocate
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Project 114 - Review of Guardianship and Administration Act 1990 (WA): Discussion Paper Volume 1
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Part 1: Chapters 1 to 4

Introduction, History and Overview of the Act, the Act’s Current Landscape and Guiding Principles of the LRCWA’s review
These Chapters:
1. Explain why the Western Australian Government has asked us to review the Act and outlines the issues we will (and will not) be examining in this review.
2. Outline the Act’s history and provide an overview of how the Act currently operates in relation to guardianship and administration orders.
3. Describe the current landscape in which the Act operates. It identifies some of the contemporary concepts and challenges which arise out of the Act’s current landscape.
4. Proposes seven guiding principles for the Commission’s review.
Do you want to answer questions about Volume 1 Chapters 1 - 4 of the Discussion Paper?*

YesNo

Part 1: Chapters 1 to 4

Introduction, History and Overview of the Act, the Act’s Current Landscape and Guiding Principles of the LRCWA’s review
1. What definition of disability, if any, should we use and how should we refer to people with disability in future publications? *
2. Should the Act be based on a particular model of disability?

YesNoUnknown
2(a). If so, should it be the social or the human rights models of disability or another model of disability and why? *
3. Are there different contemporary challenges, relating to the Act's current operation (in relation to particular persons or groups) or generally, than those discussed in Chapter 3 that should be considered as part of the LRCWA review?
4. Do you have any view on the proposed guiding principles for the LRCWA review that you would like to share?

YesNoUnknown
The proposed guiding principles are the dignity principle; the autonomy principle; the equality principle; the lived experience principle; the central concepts principle; and the safeguards principle.
4(a). If yes, what is your view?*

Part 2: Chapter 5

Language in the Act
Chapter 5 discusses the language used in the Act. It outlines some broad themes related to the Act’s language. It also identifies some discrete issues related to specific terms in the Act and discusses possible changes to those terms.
Do you want to answer questions about Volume 1 Chapter 5 of the Discussion Paper?*

YesNo

Part 3: Chapter 6

Principles and Objectives
Chapter 6 discusses the principles in s 4 of the Act. It identifies some issues associated with the operation of the principles and discusses possible options for reform. The Chapter also discusses whether the Act should contain a statement of objectives, including possible options for the framing and content of an objectives provision.
Do you want to answer questions about Volume 1 Chapter 6 of the Discussion Paper?*

YesNo

Part 4: Chapter 7

Decisional Capacity
This Chapter focuses on the central concept of decisional capacity. It discusses how decisional capacity is described and defined in the Act, as well as issues related to the determination of decisional capacity. It also discusses possible options for reform.
Do you want to answer questions about Volume 1 Chapter 7 of the Discussion Paper?*

YesNo

Part 5: Chapter 8

The Decision-Making Standard
This Chapter outlines the decision-making standard that applies to guardians and administrators. It also explores potential alternative decision-making standards
Do you want to answer questions about Volume 1 Chapter 8 of the Discussion Paper?*

YesNo

Part 6: Chapter 9

A Formal Model of Supported Decision-Making
This Chapter considers why the Act might formally recognise decision-making support and the people who provide it. It also discusses what would be involved in the Act formally recognising decision-making support, by reference to other formal models of decision-making support.
Do you want to answer questions about Volume 1 Chapter 9 of the Discussion Paper?*

YesNo

Part 7: Chapter 10

SAT Appointed Decision-Makers: Guardians and Administrators
This Chapter discusses specific issues related to the Act’s substitute decision-making mechanisms: guardianship and administration. It discusses the appointments and functions of guardians and administrators, as well as the Act’s provision for oversight of guardians and administrators.
Do you want to answer questions about Volume 1 Chapter 10 of the Discussion paper?*

YesNo

Part 8: Chapter 11

The Public Advocate
This Chapter considers the role and function of the Public Advocate under the Act.
Do you want to answer questions about Volume 1 Chapter 11 of the Discussion Paper?*

YesNo

Conclusion
64. Do you have anything else to say about the issues discussed in Volume 1 of the Discussion Paper?
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