The Guardianship and Administration Bill 2018 is a necessary reform to update and bring Victoria’s personal guardianship and administration laws into line with modern expectations and human rights.
Guardianship and administration orders provide important protections for people with disabilities.
Liberty welcomes the Bill's stated objective of moving away from a paternalistic model focusing on outdated ‘best interests’ principles, and towards one that seeks to promote and advance the autonomy of people with disabilities.
But Liberty does have some concerns about a number of aspects of the Bill which seem to unjustifiably limit the rights of persons with disability and encroach on vitally important principles of procedural fairness. One particular concern is the Bill’s silence concerning informal detention arrangements at residential facilities, such as locked nursing homes or hospital wards.