Guardianship and Administration Act 1995
5Meaning of promoting a person's personal and social well-being
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5 Meaning of promoting a person's personal and social well-being
[Section 5 Amended by No. 18 of 2021, s. 118, Applied:05 Nov 2021] [Section 5 Amended by No. 15 of 2021, s. 6, Applied:21 Nov 2022] [Section 5 Amended by No. 15 of 2021, s. 6, Applied:21 Nov 2022] [Section 5 Substituted by No. 21 of 2023, s. 7, Applied:01 Sep 2024] For the purposes of this Act, and without limiting the ways in which this may occur, the personal and social well-being of a person is promoted by –
(a) respecting the inherent dignity of the person and the person’s individual autonomy, including the freedom to make their own choices and their right to independence; and
(b) respecting and promoting the person’s own decision-making ability; and
(c) ensuring that the person is free from neglect, abuse, exploitation and other forms of harm; and
(d) the importance of preserving the dignity of risk of a person with impaired decision-making ability in respect of decisions is to be recognised and to inform those decisions; and
(e) respecting the right of the person to be treated without discrimination; and
(f) respecting the person's individuality, including personal or lifestyle activities that provide pleasure, purpose and fulfilment to the person; and
(g) having regard to the person's existing supportive relationships, religion, values, gender identity, gender expression, sexual orientation and cultural and linguistic environment; and
(h) respecting the right of Aboriginal and Torres Strait Islander people to enjoy their culture, including with other people who share that culture; and
(i) respecting the person's right to privacy and to have contact with and correspond privately with others; and
(j) recognising the importance of, and facilitating access to, the provision of supports that enable the person to exercise the person's autonomy; and
(k) recognising the importance to the person of any companion animal that the person has and having regard to the benefits that may be obtained from the person having a companion animal.