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 2 (PDF, 2.5MB). You can upload a document via the survey form, email your submission, or respond to selected survey questions.

The survey has been divided into 11 Parts as listed below.

• Part 1 – Chapter 2: Enduring Instruments - Creation of the instruments
• Part 2 – Chapter 3: Enduring Instruments - Operation of the instruments
• Part 3 – Chapter 4: Advance Health Directives
• Part 4 – Chapter 5: Treatment Decisions
• Part 5 – Chapter 6: Medical Research
• Part 6 – Chapter 7: Restrictive Practices
• Part 7 – Chapter 8: The Aged Care Act 2024 (Cth)
• Part 8 – Chapter 9: The State Administrative Appeals Tribunal
• Part 9 – Chapter 10: Confidentiality
• Part 10 – Chapter 11: Reviews and Appeals
• Part 11 – Chapter 12: Safeguards

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This is the first of two chapters that discuss the Act’s provisions relating to enduring powers of attorney (EPA) (Part 9 of the Act) and enduring powers of guardianship (EPG) (Part 9A of the Act). This chapter focusses on the creation of these enduring instruments and other fundamental issues.

The second of two chapters that discuss the Act’s provisions relating to EPAs (Part 9 of the Act) and EPGs (Part 9A of the Act). This chapter focusses on the operation of enduring instruments. It also discusses the statutory rights of and protections for enduring attorneys and enduring guardians, and the registration of and recognition of enduring instruments.

58. Should the Act be amended to:

• Entitle enduring guardians and/or enduring attorneys to information to enable them to perform their duties; and/or
• Entitle enduring guardians, enduring attorneys and/or SAT to compel production of a will of an appointor, to open the will,  and if the will is provided to SAT, to provide the will in full or in part to an enduring guardian or enduring attorney?

This Chapter focuses on Part 9B of the Act. It discusses issues associated with the making, operation and revocation of Advance health directives (AHDs). It also discusses an AHD register.

This Chapter examines Parts 9C and 9D of the Act, which govern the making of treatment decisions in relation to people who do not have decisional capacity.

This Chapter focuses on Part 9E of the Act, which deals with medical research involving people who do not have decisional capacity. We discuss the tension between ensuring that safeguards exist to protect people without decisional capacity and allowing the medical and research communities to undertake their important work.

This Chapter considers how the Act intersects with some of the regulatory frameworks for restrictive practices. It discusses various issues which arise in connection with guardians’ decision-making about restrictive practices, as well as potential options for reform and their implications for the Act.

This Chapter provides an overview of the Aged Care Act 2024 (Cth) (Aged Care Act). It considers how the provisions of the Aged Care Act may intersect with the Act and impact upon its practical operation

This Chapter discusses the State Administrative Tribunal’s (SAT) jurisdiction under the Act and issues related to SAT proceedings under the Act.

This Chapter focuses on the Act’s confidentiality provisions. It discusses issues identified with their operation, including whether they adequately balance the protection of privacy with the principle of transparency.

This Chapter examines the procedures in the Act for reviewing and appealing decisions made under the Act by SAT.

This Chapter focuses on the Act’s provisions that may have, as their main or secondary purpose, a safeguarding purpose. It identifies other parts of the Discussion Paper which have discussed these provisions and options for reform. It also discusses other provisions that could be inserted into the Act to enhance the safety of people who need support to make decisions.

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