This article evaluates the first legislative attempt by the Commonwealth to honour its commitments under the United Nations Convention on the Rights of Persons with Disabilities (‘CRPD’), by introducing a supported decision-making framework into the federally funded aged care system. The article concludes that the consultative process to develop a new Aged Care Act incorporating such a framework has so far been both fruitful but also very deficient. It is suggested that the design of the two new appointments (supporters and representatives) cleaves closely to CRPD requirements. However, it is argued that the reliance on administrative processes for making and monitoring Commonwealth appointments and the relationship with state and territory equivalent powers and appointments is less than ideal. The proposed Act raises questions regarding how the new system will practically interface with existing state and territory regimes, how best to recognise the principle of subsidiarity in this context and presents a timely reminder of the limits of what the Commonwealth can and should seek to achieve within the Australian federation.

Please access full article here or via PDF link to the left.