Supported Decision-Making in NSW Inquiry
On 13 March 2026, the Australian Human Rights Commission made a submission to a Parliamentary inquiry into supported decision-making in NSW.
Submission summary
- Submitted date: 13 March 2026
- Subject: Disability rights, Older people’s rights
On 13 March 2026, the Australian Human Rights Commission made a submission to a Parliamentary inquiry into supported decision-making in NSW.
Download the submission
This submission responds to the Inquiry’s Terms of Reference and highlights the need to strengthen supported decision‑making by improving law, policy and practice in NSW.
Supported Decision-Making in NSW Inquiry
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- DOCX download 304.7 KB
The Australian Human Rights Commission made this submission to the NSW Parliament’s Committee on Ageing and Disability for its Inquiry into supported decision‑making. The Inquiry examined people’s experiences trying to access support to make their own decisions, current barriers to access supported decision-making across systems such as health, legal and financial services, and the role of the NSW Ageing and Disability Commission. It also considered how to ensure substitute decision‑making is used only when necessary.
The Commission’s submission asserts that supported decision‑making is a core human rights issue, grounded in Australia’s obligations under the UN Convention on the Rights of Persons with Disabilities. It highlights evidence that people want and should be provided with support to make their own decisions, rather than decisions being made for them.
The submission identifies systemic barriers, including inconsistent practices and over‑reliance on substitute decision‑making, and notes additional challenges faced by First Nations peoples and people from culturally and linguistically diverse backgrounds. It recommends clarifying and strengthening the Commission’s role, modest legislative amendments, and greater advocacy, guidance and workforce capability to promote supported decision‑making.