PWDA Submission to Inquiry into the role and functions of the NSW Ageing and Disability Commission in relation to supported decision-making for adults with disability and older people in NSW.
April 2026
PWDA submitted to a recent NSW parliamentary inquiry about supported decision-making for adults with disability and older people.
What is supported decision-making?
It means helping a person make their own decisions, rather than someone else making decisions for them. Support could include explaining information clearly, helping weigh up options, or involving trusted supporters.
For example, instead of a guardian deciding where someone lives "for their own good", the person would be supported to understand choices and express what they want.
People with disability have a human right to make decisions about their own lives, including with support if needed. NSW laws still rely too much on substitute decision-making (where someone else decides based on "best interests"), which can take away autonomy and dignity.
We believe decisions should focus on the person's "will, preferences and rights", meaning what the person wants, values and has a right to do.
Supported decision-making:
- Helps people have more control over their lives
- Builds confidence and independence
- Helps prevent abuse, neglect and exploitation
- Supports inclusion and participation in the community
PWDA acknowledge there can be difficult situations where someone is at serious risk of harm, but any support or representative decisions should still try to reflect the person's wishes as much as possible.
Supported decision making in NSW
Issues with supported decision making in NSW include:
- NSW laws do not currently require support for decision-making
- No clear legal framework recognising supported decision-making or supporters
- Some organisations are trying to use supported decision-making in practice, but the law hasn't caught up
- Reform has been too slow after recommendations from the Disability Royal Commission.
PWDA believe the NSW Ageing and Disability Commission (ADC) is well placed to lead this work because it already:
- Focuses on rights and safeguarding
- Helps prevent abuse and neglect
- Understands the balance between autonomy and safety
- Is trusted by parts of the disability community.
Recommendations
- Recommendation 1 - Ensure people with disability and older people with cognitive impairment are involved in leadership and decision-making about any reforms ("nothing about us without us").
- Recommendation 2 - Review and possibly change the law so the Ageing and Disability Commission has a clear role in leading a NSW supported decision-making framework.
- Recommendation 3 - Provide more funding to the Commission to develop and implement best practice supported decision-making.
