- The Law Reform Commission of WA is reviewing laws that protect vulnerable people who are subject to the State's guardianship and/or administration framework
- Western Australians are encouraged to express views as Volume 2 of Discussion Paper released
- Feedback being sought on powers of attorney and guardianship, advance health directives, restrictive practices and the role of the State Administrative Tribunal
The State Government is calling on the public to express their views on reforming the State's guardianship and administration laws.
Last year the former Attorney General instructed the Law Reform Commission of WA (LRCWA) to review, provide advice and make recommendations on enhancing and updating theGuardianship and Administration Act1990(WA). The review includes fast-tracked consideration of the recommendations of the Disability Royal Commission which recommended sweeping changes to guardianship and administration across the country.
In December 2024, the LRCWA invited public submissions on Volume 1 of a Discussion Paper, as part of its review. Volume 1 includes consideration of the roles and responsibilities of guardians and administrators, the concept of capacity, whether WA should adopt a supported decision-making model, and the statutory functions of the Public Advocate.
The LRCWA is now inviting public submissions on Volume 2 of the Discussion Paper.
Volume 2 focuses on other decision-making mechanisms in the Act such as enduring instruments (for powers of attorney and powers of guardianship) and advance health directives.
It discusses provisions for decision-making about medical treatment, medical research, restrictive practices, confidentiality requirements and the role of the State Administrative Tribunal.
Volumes 1 and 2 of the Discussion Paper and information on how to make a submission or participate in consultations are available on the Commission's website . The deadline for submissions is 16 May 2025.
The LRCWA is an independent statutory authority which examines laws with respect to any matter referred to it by the Attorney General. Its reports are tabled in Parliament by the Attorney General.
The State Government determines whether to implement the LRCWA's recommendations.
As stated by Attorney General Dr Tony Buti:
"Our government is committed to ensuring Western Australians are protected and supported by the law when their ability to make personal, health and financial decisions is impaired.
"This review is critical for informing our efforts to make the State's guardianship and administration laws modern, respectful and effective.
"In addition to the recommendations made by the LRCWA upon making its final report, we will consider those of the Disability Royal Commission and previous reviews of the legislation.
"I encourage those who want to have a say about reforming these laws to make written submissions or speak to the LRCWA during the consultation process."
