Decisions of the Disabled and Supported Decision Making


How would you feel if you had most of your big life decisions made for you? Or even your little day-to-day decisions, like what you eat, when you eat and what time you go to bed? 

Professor Gerard Quinn, Director of the Centre for Disability Law and Policy at the National University of Ireland, and AHRCentre project director Rosemary Kayess from UNSW Law discuss the issues of guardianship as it affects not only people with intellectual disabilities, but also the ageing population and those institutionalised care. 

You can listen to this discussion on Radio 2SER.


SPRC Social Policy Debate: Supported Decision Making, a debate with Rosemary Kayess and Gerard Quinn at the Spocial Policy Resource Centre on 11 August.

This house believes that with sufficient support, people with disability should never be required to have a substitute decision maker


Gerard Quinn

Anna Arstein-Kerslake & Rosemary Kayess

Rosalind Croucher & Carmelle Peisah

The United Nations Convention on the Rights of Persons with Disabilities challenges the current legal assumption that sometimes supported decision making for people with disability must be replaced with substitute decision making because some people do not have capacity to make a decision, even with unlimited support. Is it feasible to change the way we think about supported decision making? The Australian Law Reform Commission’s recent report is the first internationally to unpack that question. Some disability advocates think the Commission’s report does not go far enough because it still identifies when a substitute decision maker is required.

Listen to the debate