The Act contains some valuable principles that may assist in protecting a participant’s rights and interests during plan development, management, review and replacement. Tips

The principles relating to plans state that all stages of planning should so far as reasonably practicable and:

  • be individualised;
  • be directed by the participant;
  • be underpinned by the right of the participant to exercise control over his or her own life;
  • maximise the choice and independence of the participant; and
  • facilitate tailored and flexible responses to the individual goals and needs of the participant [s31].

These principles strengthen a person’s right to make decisions and exercise control, and to be supported to do so, during the planning process and may be useful where a person’s control is restricted unreasonably or their decision making capacity is not being recognised or respected. Tips

The principles also encourage that informal, family and community supports be taken into account, stating that all planning processes should, so far as reasonably practicable:

  • consider the availability to the participant of informal support and other support services generally available to any person in the community;
  • support communities to respond to the individual goals and needs;
  • advance the inclusion and participation in the community of the participant with the aim of achieving his or her individual aspirations; and
  • where relevant consider and respect the role of family, carers and other persons who are significant in the life of the participant [s31].

Last Modified: July 1, 2013