Overview
Due to the size and complexity of this review the Commission decided to publish its Discussion Paper in two parts.
Discussion Paper – Volume 1 canvasses various issues, including the roles and responsibilities of guardians and administrators, the concept of capacity, whether Western Australia should adopt a supported decision-making model, and the statutory functions of the Public Advocate. This was published in December 2024.
Discussion Paper – Volume 2 (PDF, 3.5MB) focuses on other decision-making mechanisms in the Act such as enduring instruments (enduring powers of attorney and enduring powers of guardianship) as well as advance health directives. Volume 2 discusses the Act’s provisions for decision-making about medical treatment, medical research, and restrictive practices and the role of the State Administrative Tribunal. In addition, it addresses some matters we have been specifically asked to consider in carrying out our review, namely the role and identity of decision-makers under the Act compared to the Aged Care Act 2024 (Cth) and the Act’s confidentiality requirements.
Chapter | Summary |
|---|---|
| Chapter 1 Introduction | |
| Chapter 2 | The first of two chapters discuss the Act’s provisions for creating an enduring power of attorney (Part 9 of the Act) and an enduring power of guardianship (Part 9A of the Act). It discusses some fundamental issues related to the way that the Act provides for enduring instruments, as well as the formal requirements for making enduring instruments. |
| Chapter 3 | Discusses the operation of an enduring power of attorney and an enduring power of guardianship and related matters. |
| Chapter 4 | Outlines how an advance health directive operates and discusses issues related to its operation. |
| Chapter5 | Examines the making of a treatment decision in relation to a person who does not have decisional capacity (Parts 9C and 9D of the Act). |
| Chapter 6 | Focuses on medical research involving a person who does not have decisional capacity (Part 9E of the Act). |
| Chapter 7 | Considers the regulatory frameworks for restrictive practices, including in a guardian’s decision-making about restrictive practices. |
| Chapter 8 | Provides an overview of the Aged Care Act 2024 (Cth) and discusses how it may intersect with the Act and impact upon its practical operation. |
| Chapter 9 | 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. |
| Chapter 10 | Examines reviews and appeals under the Act. |
| Chapter 11 | Discusses SAT’s jurisdiction under the Act and issues related to SAT proceedings under the Act. |
| Chapter 12 | Discusses safeguards. |
Discussion Paper
Guardianship and Administration - Project 114 Discussion Paper Volume 2 (PDF, 3.5MB)
How do I make a submission?
Individuals and organisations can provide submissions or complete a survey on one or more of the options and questions in Discussion Paper Volume One and/or Two. Submissions will close on Friday 16 May 2025.
A submission can be made as detailed below. There is no particular format you need to follow. You may, however, find it helpful to address one or more of the questions listed in the Discussion Paper.
The Commission will shortly open a user-friendly online portal which will guide users through the questions in the Discussion Papers one by one and allow them to submit a tailored response to all or some of the questions. You do not need to answer all questions – just the ones that are relevant to you.
Alternately, submissions can be made by:
- Email: lrcwa@justice.wa.gov.au
- Mail: Law Reform Commission GPO Box F317, PERTH WA 6841
Please contact the Commission if you wish to receive the Discussion Paper or make a submission in an alternative format.
The closing date for submissions on Discussion Papers is Friday 16 May 2025.
