Have your say on decision making laws for people with disability

Posted: Tuesday, 06 February 2018

Have your say on decision making laws for people with disability

The Tasmania Law Reform Institute (TLRI) has been engaged by the Tasmanian Government to conduct a review of the Guardianship and Administration Act 1995 (Tas).  It is the first comprehensive review of the Act since it was introduced more than 20 years ago.


The Guardianship and Administration Act provides for decision-making for people with disability who, because of a disability, are unable to make their own decisions about personal and financial matters, or medical treatment.   The review is examining:

  • the roles of administrators, guardians, persons responsible, and the Guardianship and Administration Board in making substitute decisions for people with disability, including people with dementia;
  • the role and powers of the Public Guardian;
  • the functions of the Guardianship and Administration Board;
  • the use of advance care directives and appointments of enduring guardians safeguards for substitute decision-making and
  • informal and formal supported decision-making options as alternatives to substitute decision-making.

The review is aiming to ensure that reforms are consistent with the international human rights framework and are responsive to the needs of Tasmanians.


The TLRI released its Issues Paper in late December, and welcomes community responses to the paper until 9 March 2018.  Copies of the Issues Paper and a user-friendly summary are available at http://www.utas.edu.au/law-reform/publications/ongoing-law-reform-projects2. For more information, contact the TLRI on (03) 6226 2069.