Australian Law Reform Commission Paper on Equality, Capacity and Disability in Commonwealth Laws

The Australian Law Reform Commission has released an Issues Paper, Equality, Capacity and Disability in Commonwealth Laws that will serve as the basis for a consultation on how Australian laws affect the ability of people with disabilities to exercise legal capacity.

The paper asks 40 questions about how the law might treat people with disability unfairly in areas including: employment, health, social security, banking, insurance, restrictive practices, access to justice, aged care, and anti-discrimination:

"The purpose of this review is to ensure that Commonwealth laws and legal frameworks are responsive to the needs of people with disability and to advance, promote and respect their rights. In considering what if any changes to Commonwealth law could be made, the ALRC should consider:

• how laws and legal frameworks are implemented and operate in practice

• the language used in laws and legal frameworks

• how decision making by people with impairment that affects their decision making can be validly and effectively supported

• presumptions about a person’s ability to exercise legal capacity and whether these discriminate against people with disability

• use of appropriate communication to allow people with disability to exercise legal capacity, including alternative modes, means and formats of communication such as Easy English, sign language, Braille, and augmentative communications technology

• how a person’s ability to independently make decisions is assessed, and mechanisms to review these decisions"