53 Stratifying contemporary decision-making authority: the South Australian experience in a statutory decision-making environment

<h3></h3> This presentation explores the evolving landscape of decision-making, particularly in the context of supported decision-making and its implications for individuals with diminished capacity. It examines the shifts in concepts of capacity and substitute decision-making, highlighting the current understanding of decision-specific capacity. The presentation will discuss the importance of empowering individuals to make their own decisions where possible, as established by the United Nations Convention on the Rights of Persons with Disabilities, which states that supported decision-making is a fundamental human right. The presentation will address the role of guardianship, as a means of safeguarding the most vulnerable individuals, while promoting their autonomy with the use of supported decision-making tools. Whilst the South Australian Office of the Public Advocate (SA OPA) promotes supported decision-making, implementing ‘best practice’ in this area requires considerable time and capacity within a statutory framework. By engaging decision-makers at all levels of authority, including informal arrangements, Person Responsible under the Consent to Medical Treatment and Palliative Care Act 1995 (SA), substitute decision-making and guardianship, as this presentation will highlight, there are multiple avenues for upholding the rights and wishes of individuals with diminished capacity. Outlining the levels of decision-making authority, the presentation will consider how families and professionals can provide advocacy and support, apply supported decision-making principles and practice, and uphold the rights and wishes of individuals in the least restrictive way possible. Furthermore, it will consider how the integration of dispute resolution processes and the use of non-statutory documentation of individuals’ wishes can uphold a person’s rights and dignity. Ultimately, this presentation will outline a comprehensive framework of authority, which enables inclusive decision-making practices to ensure the wishes, will and preferences of individuals remain at the centre of the decision-making process.