The NSW Law Reform Commission's
Decision-making models question paper (Question Paper 2) as part of its Review of the Guardianship Act 1987 features the following questions -
A formal supported decision-making framework for NSW?
Question 5.1: Formal supported decision-making
(1) Should NSW have a formal supported decision-making model?
(2) If there were to be a formal supported decision-making model, how can we ensure there was an appropriate balance between formal and informal arrangements?
(3) If there were not to be a formal supported decision-making model, are there any ways we could better recognise or promote informal supported decision-making arrangements in NSW law?
Question 5.2: Key features of a formal supported decision-making model
(1) Should NSW have formal supporters?
(2) If so, should NSW permit personal or tribunal appointments, or both?
(3) Should NSW have formal co-decision-makers?
(4) If so, should NSW permit personal or tribunal appointments, or both?
(5) What arrangements should be made for the registration of appointments?
Question 5.3: Retaining substitute decision-making as an option
(1) If a formal supported decision-making framework was adopted, should substitute decision-making still be available as an option?
(2) If so, in what situations should substitute decision-making be available?
(3) Should the legislation specify what factors the court or tribunal should consider before appointing a substitute decision-maker and, if so, what should those factors be?
Question 5.4: Other issues
Are there any other issues about alternative decision-making models you would like to raise?
Supporters and co-decision-makers
Question 6.1: When supporters and co-decision-makers can be appointed
(1) What requirements should be met before a person needing support can appoint a supporter or co-decision-maker?
(2) What requirements should be met before a court or tribunal can appoint a supporter or co-decision-maker?
Question 6.2: Eligibility criteria for supporters and co-decision-makers
What, if any, eligibility criteria should potential supporters and co-decision-makers be required to meet?
Question 6.3: Characteristics that should exclude potential appointees
What, if any, characteristics should exclude particular people from being supporters or co-decision-makers?
Question 6.4: Number of supporters and co-decision-makers
What limits, if any, should there be on the number of supporters or co-decision-makers that can be appointed?
Question 6.5: Public agencies as supporters or co-decision-makers
(1) What are the advantages and disadvantages of allowing public agencies to be appointed as supporters or co-decision-makers?
(2) In what circumstances should public agencies be able to act as supporters or co-decision-makers?
Question 6.6: Paid workers and organisations as supporters and co-decision-makers
(1) What are the advantages and disadvantages of allowing paid care workers to be appointed as either supporters or co-decision-makers?
(2) In what circumstances should paid care workers be appointed as supporters or co-decision-makers?
(3) What are the advantages and disadvantages of allowing professional organisations to be appointed as either supporters or co-decision-makers?
(4) In what circumstances should professional organisations be appointed as supporters or decision-makers?
Question 6.7: Volunteers as supporters and co-decision-makers
(1) What could be the advantages and disadvantages of appointing community volunteers as supporters?
(2) What could be the advantages and disadvantages of appointing community volunteers as co-decision-makers?
(3) In what circumstances do you think community volunteers should be appointed as supporters or co-decision-makers?
Question 6.8: Powers and functions of supporters
(1) What powers and functions should the law specify for formal supporters?
(2) What powers or functions should the law specifically exclude for formal supporters?
Question 6.9: Powers and functions of co-decision-makers
(1) What powers and functions should the law specify for formal co-decision-makers?
(2) What powers and functions should the law specifically exclude for formal co-decision-makers?
Question 6.10: Duties and responsibilities of supporters and co-decision-makers
(1) What duties and responsibilities should the law specify for formal supporters?
(2) What duties and responsibilities should the law specify for formal co-decision-makers?
(3) What duties and responsibilities should the law specifically exclude for formal supporters and formal co-decision-makers?
