Review NSW Capacity Toolkit and development of Supported Decision-Making Resources

Directorate: Justice Strategy & Programs

Division: Strategy Policy & Commissioning

Project summary

Updated information and resources to ensure decision-making capacity is assessed in accordance with the NSW law and that supported decision-making is understood and implemented across the state.

Focus Area:

• Developing positive community attitudes and behaviours.

Project objective

Updated information and resources are available to ensure decision-making capacity is assessed in accordance with the NSW law and that supported decision-making is understood and implemented across the legal, medical, financial, disability, aged care, and mental health sectors, NSW government staff, the community, older people and people with disability (including psychosocial disability).

The challenge

Providing useful and practical resources on decision-making capacity and supported decision-making for a broad and diverse target group.

Why is this important?

The NSW Capacity Toolkit continues to be a well-used resource across sectors and in the community, but requires updating. Resources are also required to reflect NSW compliance with Article 12 of the UN Convention on the Rights of Persons with Disabilities with respect to legal capacity and supported-decision-making.

What will success look like?

• Increased use of supported-decision-making across sectors.
• Increased understanding of the law of decision-making in NSW, leading to more effective capacity assessments.
• Less substitute decision-makers appointed for people with decision-making disability.

How will you measure success?

Since 2004 Diversity Services has built an exceptionally good working relationship with key stakeholders across sectors regarding capacity issues, and have compiled a database of thousands of organisations and individuals who have received the Capacity Toolkit or capacity training. These contacts will be utilised to conduct surveys regarding:

• the effectiveness of the reviewed Toolkit and supported decision-making resources to increase understanding of capacity and supported decision-making across sectors; and
• self-reported trends of substitute decision-makers being utilised or appointed for people with decision-making disability across sectors.

Status report

Current Status: On hold

Date: Since 2022