GUARDIANSHIP AND ADMINISTRATION ACT 2019 - SECT 8 General principles

GUARDIANSHIP AND ADMINISTRATION ACT 2019 - SECT 8

    (1)     A person exercising a power, carrying out a function or performing a duty under this Act must have regard to the following principles—

        (a)     a person with a disability who requires support to make decisions should be provided with practicable and appropriate support to enable the person, as far as practicable in the circumstances—

              (i)     to make and participate in decisions affecting the person; and

              (ii)     to express the person's will and preferences; and

              (iii)     to develop the person's decision-making capacity;

        (b)     the will and preferences of a person with a disability should direct, as far as practicable, decisions made for that person;

        (c)     powers, functions and duties under this Act should be exercised, carried out and performed in a way which is the least restrictive of the ability of a person with a disability to decide and act as is possible in the circumstances.

    (2)     In subsection (1), the reference to a person exercising a power, carrying out a function or performing a duty under this Act includes VCAT.