Forensic Disability Act 2011

The following principles apply for the administration of this Act in relation to forensic disability clients—

• the right of all people to the same basic human rights must be recognised and taken into account

• a person’s right to respect for the person’s human worth and dignity as an individual, and as part of human diversity and humanity, must be recognised and taken into account

• a person’s right to live a life free from abuse, neglect or exploitation must be recognised and taken into account

• people with a disability should be empowered to exercise their rights

• to the greatest extent practicable, a person is to be supported to promote the person’s development potential and physical, mental, social and vocational ability, and to enhance the person’s quality of life

• support and services provided to a person under this Act must promote the person’s opportunities for participation and inclusion in the community

• services provided to a person under this Act should be responsive to the person’s needs and goals

• a person’s physical, age-related, gender-related, religious, cultural, language, communication and other needs must be taken into accountExample of other needs—

needs arising because of the person’s community of origin

• care and support provided to a person under this Act must take into account the importance of the person’s continued participation in community life and maintenance of supportive relationships

• a person is to be encouraged and supported to take part in making decisions affecting the person’s life, especially decisions about the services to be provided to the person under this Act

• in making a decision about a person, the person’s views, the views of any guardian or informal decision-maker for the person, and the effect on the person’s family or carers must be taken into account

• a person is presumed to have capacity to make decisions about the person’s care and support and choice of an allied person

• a person must be provided with necessary support, and necessary information in an appropriate accessible format, to enable the person to exercise rights under this ActExample of necessary support and information—

support and information facilitating access to necessary independent help to represent the person’s point of view

• a person’s right to confidentiality of information about the person must be recognised and taken into account.

Note—

See chapter 9, part 4 for provisions about confidentiality.