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2024 UNSWLJ Forum 1 (2024)

handle is hein.journals/unswform2024 and id is 1 raw text is: A New Aged Care Act A NEW AGED CARE ACT: PROGRESS IN IMPLEMENTING A SUPPORTED DECISION-MAKING APPROACH IN AUSTRALIA'S FEDERATION? TERRY CARNEY,* SHIH-NING THEN** AND CRAIG SINCLAIR*** This article evaluates the first legislative attempt by the Commonwealth to honour its commitments under the United Nations Convention on the Rights ofPersons 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 Australianfederation. I INTRODUCTION In Australia, the concept of supported decision-making advanced by Article 12 of the United Nations Convention on the Rights of Persons with Disabilities ('CRPD')1 * Emeritus Professor Terry Carney, Law School, University of Sydney. ** Professor Shih-Ning Then, Australian Centre for Health Law Research, Faculty of Business and Law, Queensland University of Technology. *** Dr Craig Sinclair, Senior Research Fellow, School of Psychology, University of New South Wales. [2024] No 1 1

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