Guardianship and Administration Act 1995

A person performing a function under this Act is to observe the following principles:a person’s decision-making ability is to be respected and promoted; a person who requires support in decision making is to be provided with access to the support necessary to enable the person, as far as is practicable in the circumstances – to make and participate in decisions affecting the person; and to express the person’s will and preferences; and to develop the person’s decision-making ability; the views, wishes and preferences of a person with impaired decision-making ability in respect of decisions are to be respected and used to inform those decisions; the role of close family members, carers and other significant persons in the life of a person with impaired decision-making ability in respect of decisions is to be recognised; the importance of preserving the cultural and linguistic environment of the person is to be recognised; the personal and social well-being of a person with impaired decision-making ability in respect of decisions is to be promoted; the means which is the least restrictive of a person’s freedom of decision and action as possible in the circumstances is to be adopted.

In addition to the principles set out in subsection (1), if a function is to be performed under this Act by a person in relation to a child, that function is to be performed so that – as far as is practicable the best interests of the child are paramount; and full consideration is given to the following needs:to protect the child from harm; to promote the child’s development; to strengthen, preserve and promote positive relationships between the child and the child’s parents, family members and other people who are significant in the life of the child.

Persons providing assistance on an informal basis to a person with impaired decision-making ability in respect of a decision are encouraged to apply and promote the principles in this section in providing that assistance.