Guardianship and Administration Act 2019

For the purposes of this Act, a person has capacity to make a decision in relation to a matter (decision-making capacity) if the person is able—

to understand the information relevant to the decision and the effect of the decision; and

to retain that information to the extent necessary to make the decision; and

to use or weigh that information as part of the process of making the decision; and

to communicate the decision and the person's views and needs as to the decision in some way, including by speech, gesture or other means.

For the purposes of subsection (1), a person is presumed to have decision-making capacity unless there is evidence to the contrary.

For the purposes of subsection (1)(a), a person is taken to understand the information relevant to a decision if the person understands an explanation of the information given to the person in a way that is appropriate to the person's circumstances, whether by using modified language, visual aids or any other means.

In determining whether a person has decision‑making capacity, regard must be had to the following—

a person may have decision-making capacity in relation to some matters and not others;

if a person does not have decision-making capacity in relation to a matter, it may be temporary;

it should not be assumed that a person does not have decision-making capacity in relation to a matter on the basis of the person's appearance;

it should not be assumed that a person does not have decision-making capacity in relation to a matter merely because the person makes a decision that, in the opinion of others, is unwise;

a person has decision-making capacity in relation to a matter if it is possible for the person to make the decision with practicable and appropriate support.

using information or formats tailored to the particular needs of a person;

communicating or assisting a person to communicate the person's decision;

giving a person additional time and discussing the matter with the person;

using technology that alleviates the effects of a person's disability.