the need to encourage and support suitable people from within an individuals

The need to encourage and support suitable people

This preview shows page 284 - 287 out of 571 pages.

the need to encourage and support suitable people from within an individual’s existing network of support to accept and perform the more formal role of representative if required; and 755 Convention on the Rights of Persons with Disabilities art 16.
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the need to prevent, detect and respond to abuse and other conduct that is contrary to the interests of people requiring decision-making support. 1.2 The ALRC’s Safeguards Guidelines 1.2.1 The Convention requires State parties to ‘ensure that all measures that relate to the exercise of legal capacity provide for appropriate and effective safeguards to prevent abuse.’ 756 It goes on to provide that: safeguards shall ensure that measures relating to the exercise of legal capacity … are free of conflict of interest and undue influence, are proportional and tailored to the person’s circumstances, apply for the shortest time possible and are subject to regular review by a competent, independent and impartial authority or judicial body. 757 1.2.2 The ALRC developed the following Safeguards Guidelines to complement and develop its National Decision-Making Principles, reflecting the principles of the Convention: 758 ALRC Safeguards Guidelines (1) General Safeguards should ensure that interventions for persons who require decision-making support are: (a) the least restrictive of a person’s human rights; (b) subject to appeal; and (c) subject to regular, independent and impartial monitoring and review. (2) Support in decision-making (a) Support in decision–making must be free of conflict of interests and undue influence. (b) Any appointment of a representative decision-maker should be: (i) a last resort and not an alternative to appropriate support; (ii) limited in scope, proportionate, and apply for the shortest time possible; and (iii) subject to review. 1.2.3 This Part evaluates current safeguarding provisions against the ALRC’s Safeguards Guidelines. 756 Ibid art 12(4). 757 Ibid art 12.4 758 ALRC, above n Error: Reference source not found, Recommendation 3-4.
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Part 12: Safeguards for Representative Decision-Making 1.3 Least restrictive interventions 1.3.1 The first of the ALRC’s Safeguards Guidelines provides that safeguards should ensure that interventions for people who require decision-making support are the least restrictive of a person’s human rights. The need to adopt the least restrictive intervention has been considered throughout this Report, including Part 3 (Guiding Principles of the Act), Part 6 (Decision-Making Ability), and Part 8 (Representative Decision-Making). 1.4 Appeal Provisions 1.4.1 The second of the ALRC’s Safeguards Guidelines provides that safeguards must ensure that interventions for people who require decision- making support are subject to appeal. The Act’s appeal provisions are considered in the following paragraphs.
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