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The Principles of the Act
The intent of the Guardianship and Administration Act 2000 is to seek a balance between the right of an adult with impaired decision-making capacity to maintain an independent role in the decision-making process and the adult's right to adequate and appropriate support for decision-making. The Act establishes a set of principles to achieve this balance which both guardians and administrators have the responsibility to abide by. Guardians must also apply the health care principle whenever they are called upon to make a decision about health care. For the exact wording for each principle please refer to Schedule 1 of the Act.
General Principles
The General Principles are:
- Presumption of capacity: Adults are presumed to have the capacity to make their own decisions unless incapacity for that particular decision is established.
- Human rights: Regardless of decision-making capacity, everyone has the same basic rights including the protection of individual liberty and access to services. Decision-makers must recognise the importance of encouraging the adult to exercise their rights.
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Individual value: Each person is valued as an individual and their human worth and dignity is respected.
- Valued social role: An adult’s right to be a valued member of society is recognised, as is the importance of encouraging and supporting them in the performance of such social roles as homeowner, bank customer, investor, shopper, worker and volunteer.
- Participation in community life: Decision-makers must acknowledge the importance of encouraging the adult to take part in general community activities and of providing the support needed for such participation to occur.
- Encouraging self-reliance: Decision-makers must recognise the importance of encouraging an adult to be as autonomous and self-reliant as possible—physically, socially, emotionally and intellectually.
- Least restrictive option: Anyone performing a function or exercising a power under the Act must apply the least restrictive option that is consistent with the adult’s proper care and protection. This also means:
- Maximum participation in decision-making - The adult has the right to participate, to the greatest practicable extent, in the decisions affecting their life. This means giving the adult any necessary support and access to information to enable them to participate in such decisions and seeking and taking into account, to the greatest extent practicable, the adult’s views and wishes, whether they are expressed orally, in writing or through interpreters or other communication systems.
- Substituted judgment - If it is possible to work out, from the adult’s previous actions, what their views and wishes would be then these must be taken into account in any decision made.
- Maintenance of existing supportive relationships: The decision-makers must recognise the importance of maintaining the adult’s existing supportive relationships.
- Maintenance of environment and values: The decision-makers must recognise the importance of maintaining the adult’s cultural and linguistic environment including any religious beliefs and lifestyle choices.
- Appropriate to circumstances: The assistance given to the adult in a particular situation must meet their current needs and be adapted to their individual characteristics.
- Confidentiality: The decision-makers must recognise the adult’s right to confidentiality in relation to personal information.
The Health Care Principle
The Health Care Principle is:
- ensuring an adult is not deprived of necessary health care
- ensuring health care given to an adult is only for promoting and maintaining the adult's health and well being.
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