Of particular relevance is the principle that: “people with disability should be supported to exercise choice, including in relation to taking reasonable risks, in the pursuit their goals and the planning and delivery of their supports” [s4(4)].
Decision-making should remain with the participant if possible:
“people with disability should be involved in decision making processes that affect them, and where possible make decisions for themselves” [s5(a)].
“People with disability are assumed, so far as is reasonable in the circumstances, to have capacity to determine their own best interests and make decisions that affect their own lives” [s17A(1)]
Principles relating to plans [s31]
The preparation, review and replacement of a participant’s plan, and the management of funding for supports under a participant’s plan, should so far as reasonably practicable:
- be individualised
- be directed by the participant
- where relevant consider and respect the role of family …
- where possible, strengthen and build capacity of family…
- consider the availability to the participant of informal support and other support services generally available….
- be underpinned by the right of the participant to exercise control over his or her own life
- advance the inclusion and participation in the community ….
- maximise the choice and independence of the participant
- facilitate tailored and flexible responses to the individual goals and needs of the participant …
Agency requests for assessment or examination
A prospective participant may be requested to
- undergo, whether or not at a particular place, an examination or assessment by an appropriately qualified person, and
- provide the report, in the approved form, of the person who conducts the assessment or examination
This may be a medical, psychiatric, psychological or other type of examination. [s36]