Summary

6.1 In Chapter 4, the ALRC proposes a new model for supported and fully supported decision-making in areas of Commonwealth legislative responsibility (the Commonwealth decision-making model). Chapter 5 discussed the application of the model to the National Disability Insurance Scheme (NDIS).

6.2 This chapter discusses how the Commonwealth decision-making model might be applied to other existing legislative schemes that already contain some decision-making mechanism or make some provision for supporters and representatives, (however they are described). These schemes concern individual decision-making in relation to:

• social security, specifically under the Social Security (Administration) Act 1999 (Cth);

• aged care, under the Aged Care Act 1997 (Cth); and

• eHealth records, under the Personally Controlled Electronic Health Records Act 2012 (PCEHR Act).

6.3 The chapter also discusses how the model might be applied to individual decision making in relation to personal information under the Privacy Act 1988 (Cth); and the provision of banking services.

6.4 In most of these areas, the ALRC proposes that legislation should be amended to include supporter and representative provisions consistent with the Commonwealth decision-making model and suggests how this might be done. In relation to banking, the ALRC proposes that banks should be encouraged to recognise supporters, including through new guidelines reflecting supported decision-making principles.

6.5 As discussed with respect to the Commonwealth decision-making model and the NDIS, one overarching issue is the interaction between the various Commonwealth decision-making schemes and state and territory appointed decision-makers. In each area, the interaction of supporters and representatives, recognised under specific Commonwealth legislation with other Commonwealth supporters and representatives and with state and territory appointed decision-makers will have to be considered.^[1]