General principles guiding actions under this Act

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)].

General principles guiding actions of people who may do acts or things on behalf of others

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)].

Principles relating to the participation of people with disability

“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:

  1. be individualised
  2. be directed by the participant
  3. where relevant consider and respect the role of family …
  4. where possible, strengthen and build capacity of family…
    1. if…
  5. consider the availability to the participant of informal support and other support services generally available….
  6. be underpinned by the right of the participant to exercise control over his or her own life
  7. advance the inclusion and participation in the community ….
  8. maximise the choice and independence of the participant
  9. 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]

[s85] permits a nominee to accompany a participant during an assessment or examination if the participant so wishes, and to the extent that the assessor or examiner consents.