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Victorian Law Reform Commission in response to the Guardianship Consultation Paper – Jun 2011

This submission was made in response to the Guardianship Consultation Paper prepared by the Victorian Law Reform Commission to inform its review of Victoria’s guardianship laws. This review is significant because it is the first time Victoria’s guardianship laws have been looked at through a human rights lens to ensure they are consistent with rights protected under the Charter of Human Rights and Responsibilities and the Convention on the Rights of Persons with Disabilities.

Key issues discussed

The Victorian Equal Opportunity and Human Rights Commission’s (VEOHRC) submission addresses a number of recommendations in the Consultation Paper, in terms of the role that the Charter and Convention on the Rights of Persons with Disabilities should play in the development of new guardianship laws in Victoria. Key issues discussed in VEOHRC’s submission include:

  • the need for general principles and decision-making principles to reflect human rights standards
  • options for supported decision making and co-decision making as alternatives to substituted decision making
  • advance directives – medical and lifestyle
  • the link between impaired decision-making capacity and disability
  • principles for the assessment of capacity
  • lowering the age of guardianship
  • the powers of guardians and administrators including the Office of the Public Advocate and State Trustees Limited
  • the interaction of the guardianship laws with other laws including the Disability Act 2006 and the Mental Health Act 1986.

Download the submission

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Address
Melbourne Victoria 3000

General enquiries
enquiries@veohrc.vic.gov.au

Enquiry line
1300 292 153 or (03) 9032 3583

Interpreters
1300 152 494

NRS Voice Relay
1300 555 727 then use 1300 292 153

Media enquiries
1300 292 153

The Victorian Equal Opportunity and Human Rights Commission acknowledges that we work on the traditional lands of the Wurundjeri people of the Kulin Nation. We also work remotely and serve communities on the lands of other Traditional Custodians.

We pay our respects to their Elders past and present.

The Victorian Equal Opportunity and Human Rights Commission recognises the injustice resulting from the colonial invasion and occupation of First Peoples’ territories and the Yoorrook Justice Commission’s findings of genocide, crimes against humanity and denial of freedoms.