What the Committee on the Rights of Persons with Disabilities report says.

Taken from the Concluding Observations report, 2019:

Concerns.

  • Despite the recommendations of the Australian Law Reform Commission, the Committee is concerned about the lack of progress made to abolish the guardianship system and substituted decision-making regime, particularly in decisions concerning forced psychiatric treatment, and at the lack of a time frame to completely replace that regime with supported decision-making systems.

Recommendations.

  • Repeal any laws and policies and end practices or customs that have the purpose or effect of denying or diminishing the recognition of any person with disabilities as a person before the law;
  • Implement a nationally consistent supported decision-making framework, as recommended in a 2014 report of the Australian Law Reform Commission entitled Equality, Capacity and Disability in Commonwealth Laws.