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This submission argues that:

  • it unnecessary to use a specific definition of capacity in the context of medical and dental decisions. The presumption of capacity in Article 12 of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) suggests that it is not a person’s capacity that changes according to tthe decision being made, but rather the level and type of support required to exercise that capacity. ;
  • significant safeguards should apply to special medical procedures including sterilisation, as these procedures can have significant effects on a person’s personal and social wellbeing. Only a Tribunal should be able to authorise such procedures.
  • restrictive practices should be permitted in limited circumstances. In the long-term, the DNF emphasises that NSW should work towards the elimination of restrictive practices, as they may constitute cruel or degrading treatment contrary to Article 15 of the UNCRPD. In the shorter term, we outline strict safeguards that should be applied to restrictive practices.