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Queensland Advocacy Incorporated

Queensland Advocacy Incorporated (Q A I) is an independent, community-based systems and legal advocacy organisation for people with disability in Queensland, Australia.

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Response by QAI to Draft Guidelines for Australian Tribunals

QAI’s response to the Draft Guidelines

QAI congratulates NCAT and AGAC on the development of a comprehensive, informative, contemporary set of guidelines that we consider will be of significant value to Australian tribunals hearing and determining guardianship and administration matters.  We are particularly pleased to see that the Guidelines reflect the human rights obligations Australia has committed to implement domestically as party to the Convention on the Rights of Persons with Disability (CRPD).  We also support the progress made through the development of these Guidelines towards implementation of Recommendation 10-2 of the Australian Law Reform Commission’s report Elder Abuse – A National Legal Response (2017).

As a disability advocacy organisation, our focus in reviewing the guidelines is on the impact that these guidelines will have for people with disability and mental illness.

Below, we provide comment on particular aspects of the Guidelines.  Overall, however, we strongly approve of the Guidelines.

Points of particular support

QAI particularly approves of the following aspects of the Guidelines:

  • The reference to, and consistency with key Articles of, the CRPD;
  • The acknowledgement that a best practice model, which reflects the principle of maximum participation, should require the tribunal, where possible, to speak with the represented person before the tribunal appoints a guardian or administrator, and the adoption of this approach in the Guidelines;
  • The focus on developing the understanding of Tribunal members of the impact disability may have on a person’s support needs and communication.

Click here to read the full submission

  • 8 Jan, 2019
  • (0) Comments
  • By Admin
  • Latest news, Submissions

Guardianship and Administration and Other Legislation Amendment Bill 2017

Read QAI’s submission here: QAI’s submission on the Guardianship and Administration and Other Legislation Amendment Bill 2017

For more information about the inquiry, including a list of other submissions, see http://www.parliament.qld.gov.au/work-of-committees/committees/LACSC/inquiries/current-inquiries/GAOLAB2017 

  • 20 Sep, 2017
  • (0) Comments
  • By Admin
  • Submissions

Decisions About My Life? The Choice Should be Mine

QAI’s position statement on supported decision-making

QAI Paper on supported decision-making

  • 12 Sep, 2016
  • (0) Comments
  • By Emma Phillips
  • Papers, Resources

Conclusions on the Use of Restrictive Practices for People with an Intellectual or Cognitive Impairment: How to Return Respect and Control to Marginalised People

A research paper outlining QAI’s conclusions on the use of Restrictive Practices on people with an intellectual or cognitive disability

Final QAI conclusions on the use of RP – October 2014 final version 2

  • 1 Oct, 2014
  • (0) Comments
  • By Emma Phillips
  • Papers, Resources
Cover page of Queensland Handbook for practitioners on legal capacity

Queensland Handbook for Practitioners on Legal Capacity

Cover page of Queensland Handbook for practitioners on legal capacity

To open an electronic copy of the Queensland Handbook for Practitioners on Legal Capacity, please click here. The Handbook is not available in hard copy.

The idea for the Queensland Handbook for Practitioners on Legal Capacity had its genesis through regularly coming across issues of client capacity in QAI’s work and realising there was a gap for this sort of resource in the Queensland legal landscape. It is hoped that Queensland lawyers will find the Handbook useful in supporting their vulnerable clients and increase access to justice for people with disability.

QAI first approached Allens to assist in producing a capacity handbook on 17 July 2013. It was launched by The Honourable Justice Ann M Lyons on 19 May 2015.

QAI gratefully acknowledges the significant pro bono support of Allens and Scott Lang without whom this project would not have been possible.

We also thank the Queensland Law Society and Stafford Shepherd for their input and endorsement of the handbook for use by Queensland solicitors.

This handbook was prepared by:

Allens: Scott Lang, Corin Morcom, Andrea Moffatt, Kelly Lloyd, Ashleigh Dixon, Gillian Hayden and Daniel Bradford; Supervising Partner: Karla Fraser; Publications: Irene D’Errico

Queensland Advocacy Incorporated: Rebekah Leong, David Manwaring, Michelle O’Flynn

With the contribution of:

Seniors Legal and Support Service, Nundah Community Legal Centre, Queensland Public Interest Law Clearing House Inc (QPILCH), Queensland Association of Independent Legal Services (QAILS), Queensland Law Society, Legal Services Commission, Legal Aid Queensland, Office of the Public Advocate, Office of the Adult Guardian, the Public Trustee of Queensland, members of QCAT, and volunteers of the University of Queensland Pro Bono Centre.

  • 1 Jul, 2014
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  • By Admin
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  • Event Date: 10/10/2019


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