Submission to New South Wales Law Reform Commission: Review of Guardianship Act 1987 - February 2018

We acknowledge that persons without decision-making abilities, or a limitation thereof, are vulnerable members of society, and such persons should be supported to make decisions concerning crucial aspects of their lives in order to be afforded an opportunity to live as  comfortably and freely as others. Hence, insofar as the draft proposals of the New South Wales Law Reform Commission (‘NSWLRC’) on its review of the Guardianship Act 1987 (NSW) promote these individuals’ civil liberties in both the public and private domains, we support the proposed changes to the current arrangements existing under the Guardianship Act 1987 (NSW).

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Overall, we strongly endorse the NSWLRC’s draft proposals because we believe that the new framework, as contemplated by the Assisted Decision-Making Act, better protects and  promotes the civil liberties of persons affected than the schemes supported by the Guardianship Act 1987 (NSW). As a result, this submission will be limited to only those aspects of the NSWLRC’s draft proposals which could be improved to better protect civil liberties of the persons affected.