After extensive consultation and review of existing laws, the independent South Australian Law Reform Institute (SALRI), based at the University of Adelaide, has found that significant improvements are needed to ensure South Australia's legal system better supports people with impaired decision-making capacity.
SALRI's findings and recommendations are outlined in its report, 'The Need for New Solutions? Establishing Legal Frameworks for Supported Decision-Making in South Australia', publicly released today, Friday 25 July 2025. The major review was led by Associate Professor Sylvia Villios, in collaboration with SALRI Director Professor John Williams, Deputy Director Associate Professor David Plater, Associate Professor Beth Nosworthy, Dr Mark Giancaspro, Dr Peta Spyrou, Emily Conroy, Simon Headland, and Brooke Washusen.
"The review found that the current system in South Australia does not always serve people with impaired decision-making capacity as well as it could or should," Associate Professor Villios said.
"Substitute decision-making may be inevitable and necessary for some, but a key finding was that it sometimes may be relied on too quickly. SALRI noted that many people with disability or cognitive challenges can make key decisions about their lives if they have the right support, and the law should do more to recognise and enable this."
Under current South Australian law, when a person cannot make their own decisions due to impaired capacity, someone else is often authorised to decide for them. This usually occurs through substitute decision-making arrangements, for example, guardians appointed to make personal or medical decisions, or powers of attorney used for financial matters.
"These frameworks are designed to protect people and are often necessary, but they can sometimes be paternalistic, meaning they take control away from the individual," Associate Professor Villios said.
"They are also blunt in assuming capacity is all or nothing when the reality is far more subtle. Traditional laws are being seen as outdated and sometimes overly restrictive, potentially leading to the abuse or neglect of people's wishes.
"The review is important to ensure that people who need decision-making support are treated with dignity, have their voices heard, and are better protected from exploitation or harm."
The report makes 53 recommendations to Parliament aimed at modernising the legal framework, prioritising supported decision-making and aligning South Australian law with contemporary human rights standards.
One major proposal is to update the law to formally recognise supported decision-making. For example, adults with disabilities should be able to appoint supporters - trusted people who help them understand options, express preferences, and implement decisions - without removing the person's own legal authority. This push for supported decision-making is influenced by modern disability rights principles that emphasise autonomy and inclusion.
The report also recommends that guardianship or similar substitute arrangements be used only as a true last resort, when support options are not enough. Clear guiding principles are proposed to ensure a person's will and preferences remain central to all decisions.
"The report focuses on promoting dignity and choice, and recognises that with the right help, many people can stay in control of their own decisions. It is crucial to promote supported decision-making and respect autonomy, but also balance it with safeguarding," Associate Professor Villios said.
Professor Williams said the review offers a more nuanced and inclusive approach.
"This review was an important opportunity to provide a thorough and evidence-based assessment of South Australia's decision-making laws," Professor Williams said.
"Our recommendations aim to modernise the legal framework so it better reflects how people experience and exercise decision-making with the support they need."
SALRI also examined emerging models of support, including incorporated support structures such as microboards. These are small, person-centred boards typically made up of family members, friends, and community members who come together to support an individual in decision-making. Microboards operate as legal entities and provide structured, sustainable, and collaborative support tailored to the person's goals and preferences.
"Microboards and similar incorporated structures offer a flexible and community-based alternative to traditional guardianship models," said Associate Professor Plater.
"They empower individuals while offering the oversight, continuity, and formal support needed to reduce reliance on substitute decision-making."
SALRI's recommendations are paired with safeguard mechanisms to monitor supporters and intervene if someone is being pressured or harmed. This ensures that people get the help they need to make decisions in a safe but empowering way.
SALRI researcher Conroy said SALRI is committed to active and inclusive engagement.
"We undertook the review in a staged and thorough manner, consulting widely in person, online, and through written submissions. We consulted with people with lived experience, families, disability advocates, legal and health professionals, and community organisations," Conroy said.
"Their voices shaped every part of this report and made clear that the current laws are out of step with how people want to be supported. SALRI thanks the many parties who contributed to this important project in various ways."
SALRI combined these insights with comparisons to other legal systems and additional research - including findings from the Disability Royal Commission - to form well-informed and practical recommendations.
Associate Professor Villios said while law reform is the primary focus, broader change is required.
"Law reform is only part of the answer," she said. "Supporting people to make decisions also requires cultural and practical change, underpinned by clear legal principles, safeguards, and new roles such as Supportive Attorneys, Supportive Guardians, and incorporated support structures."
The report is now with the State Government for its consideration.
This important project was initiated by SALRI and funded by the Law Foundation of South Australia.
