Together with the Law Reform Commission of Western Australia, join a discussion on updating Guardianship and Administration Laws

This session is open to lawyers and the general public interested in this topic.

The Commission has been tasked by the State Government to review guardianship and administration laws in WA. Details on the Project are available here.

The existing scheme, administered under the Guardianship and Administration Act 1990 (WA) (the Act), enables substitute decision makers to be appointed to make personal, health and financial decisions on behalf of adults who do not have capacity to make these decisions.

These decision makers can be appointed by the State Administrative Tribunal or under an enduring power of attorney or guardianship, or advance health directive made by the person prior to losing capacity.

In May 2024 then Attorney General, the Hon John Quigley JP MLA, referred the matter to the Law Reform Commission to fast-track consideration of the recommendations relating to guardianship and administration laws in the Final Report of the Royal Commission into the Violence, Abuse, Neglect and Exploitation of People with Disability (Disability Royal Commission), and facilitate consultation on their application in Western Australia.

The Government had already committed to amending the Act, following a 2015 statutory review, however the Royal Commission recommendations were handed down while that work was underway.

The Commission has now been tasked with reviewing, providing advice and making recommendations on the need for reform of the Act and how best to implement that reform in the Western Australian context, taking into account the recommendations of the national Disability Royal Commission, the work of the Standing Council of Attorneys General Enduring Powers of Attorney Working Group, and other recent reports and legislative reforms.

This session will be led by Jean Shaw SC, alongside being State Counsel for Western Australia is a Law Reform Commissioner.

This event will be held online via Zoom and a link will be issued on the morning of the session.

Location

Online, via Zoom

Contact Details

Contact Event Organiser