CID gained commitment from the Labor Government in the 2023 NSW State election to set up a working group to advise the government on reform of the NSW Guardianship Act.

The purpose of the group is to look at the law and see how the government could take action on changing the law to focus more on supported decision making.

A new law would respect people with disability to make their own everyday choices and big life decisions – and make sure that people with disability get the support they want and need to make this happen.

The first Guardianship Working Group was held on 5 September and included community and government representatives.

This video was shared to make sure that the voices of people with lived experience remain at the centre of all the advice given to government by the working group.

Transcript

Alexander

The UNCRPD is human rights inscribed in law. It  means people have to give you a say. Just like you would put a ramp in front of a building to help a person in a wheelchair, you have to help a person make a decision. Countries who sign up to the CRPD are then required to do their own bit in helping those with a disability.

We have the human right to make a decision and for that decision to be respected. Not all people with disability get good support to make their own decisions.  Sometimes people don’t give you the support or they decide for you and that is not a good thing.

Support for your decisions covers both large and small decisions. We call this your will and preferences. Having your will and preferences respected is a human right even if you can’t talk.
Will is our own thoughts which make up who we are and our preferences are our everyday choices.

CID worked on the Australian Law Reform Commission’s principles from 2014. We made them easier.  The principles are:

• Everyone has the right to make decisions.
• Everyone has the right to take risks.
• Everyone has the right to support.
• Everyone  should respect what a person decides.

This is what the working group needs to focus on.

We are autonomous people who make our own decisions throughout our lives. These can be both small and these can be big, and they can be both safe and risky and we have the right to make them all. And some people are not given these rights.

If you were going to talk about a law that will affect us, then you need to talk to us. You need to listen to us and you need to take our words on board.

Dina
You make your own decision, you’ll be able to do what you want to do and feel confident, feel like independent, and feel like you’re you’re also grown up and be able to do it all on your own.

Make sure you are happy with your decision and make your own decision. And don’t let anyone stop you if you want to do that decision and you want to be a stronger person and be able to to be happy with what you- what you’re going to do and who you are.

Ricky
We were able to make the decision that we wanted to be married and we know a lot of people that don’t get to decide on that and some people can’t get married. So to be in our position it’s been very fortunate.

Matthew
I don’t want my mum to make decisions for me because I’m an adult now, I’m an adult. And then I have, I’ve got my own decision to make myself.

Jess
Make it our own choice. And not let people to make the decisions for you. Sometimes they force you to do something you don’t like. Yeah.

Ricky
Because it’s coming from you, you’re gonna get the enjoyment and fulfillment of making that decision and that whether the decision goes well or not, you know it’s coming  from you and you can learn from mistakes if it doesn’t work out. Hopefully in the future, you know, we’ll work towards a more inclusive community.

Jess
Go for it and make your decision, you’ve got the power to do it. Yeah! Yay!