Presumption of decision-making ability

This includes a person's age, physical characteristics such as scars, skin colour, characteristics linked to disability or impairment, or other characteristics linked to cultural or religious practice.

This includes attention to hygiene, tattoos, body piercings, a dishevelled appearance, or irregular clothing.

Sometimes people have difficulty expressing themselves, lack English language skills, have slurred speech or use an Alternative and Augmentative Communication (AAC) system.

Augmentative and Alternative Communication (AAC) is any type of communication strategy for people with a range of conditions who have significant difficulties speaking (Speech Pathology Australia, Factsheet). For more detailed information on AAC go to Speech Pathology Australia website.

Keith's story

"I was working in the emergency department of the hospital when a woman who had been in a car accident was brought in. She didn't seem to be able to speak and was making noises and wild gestures. I thought she didn't understand what was going on because she wasn't talking or listening to what I was trying to explain to her. To me, she didn't seem to comprehend that I was trying to get her to make a decision about medical treatment. The social worker, Menka, was walking past and said she thought the woman was using sign language. Menka tried communicating with her in writing and she relaxed. She understood that we were contacting an Auslan interpreter to provide assistance with communication. It turns out she was just stressed about the car accident and she was able to make all her own decisions with an interpreter!"

- Keith

This includes being an extrovert, shouting or gesticulating, behaving in a withdrawn way, talking to oneself or avoiding eye contact, and actions that are connected to a particular cultural or religious belief (such as avoiding eye contact or allowing or preferring another person, or the community group, to make a decision on your behalf).

This includes: physical disabilities, learning difficulties, and disabilities such as Asperger's or Attention Deficit Hyperactive Disorder (ADHD); illnesses related to age or neurological function - such as Multiple Sclerosis, Parkinson's Disease or Motor Neurone Disease; and temporary conditions such as being drunk or unconscious.

Kirsty's story

"I am a person with Cerebral Palsy. I find it difficult to communicate. I have problems moving my lips, tongue, jaw and face muscles so when I speak it is hard to understand me. But if you take the time to listen carefully you can tell what I'm saying.

I went to an appointment at the bank one day wanting advice from my financial planner, Hing. I don't know whether it was the communication difficulty or the way I looked, but the staff member who greeted me obviously thought I couldn't understand anything. He was speaking to me as though I were a two-year-old, and shouting as though I couldn't hear him. He didn't allow me to see Hing, telling me to "come back with my carer".

Well, I was so embarrassed and angry. I can't believe he didn't sit down with me and make the time to try to understand me. He gave me no support - just took one look, and because of my disability he thought I didn't understand what I was doing.

It was lucky Hing saw me and came over. He explained to the staff member that he couldn't assume I needed a 'carer' to make my decisions just because they found my speech difficult to understand."