WA to Let Vulnerable Adults Share Their Own Stories
Western Australia may soon let people under state guardianship speak publicly about their experiences for the first time in decades. An independent legal review says there's "no good reason" to silence these vulnerable adults if they want to share their stories. #
People under state care in Western Australia could soon have the right to tell their own stories, following a major legal review that challenges some of the country's strictest secrecy laws.
When adults can't make their own decisions due to disability or illness, the state can appoint guardians to manage their lives and money. But current laws ban these people from being publicly identified, even if they want to speak out, even after they're no longer under care, and even after they die.
The independent Law Reform Commission just released its first comprehensive review of these laws since 1990. Their conclusion? "There is no good reason" to prevent people from being identified if they consent.
The commission recommended WA follow Tasmania's lead. That state changed its laws in 2024 to let people share their experiences if they choose to.
WA's current laws are so strict that publishing someone's "physical description" or "style of dress" could land you in jail. Even photographs could technically be illegal. Anyone can make an application to put someone under state care, and some people have misused the system with "hostile intentions," according to the state's own Public Advocate.
The review also recommended "supported decision making" become the preferred approach. Instead of making decisions for people, guardians should help them make their own choices whenever possible.
Public Advocate Pauline Bagdonavicius told a parliamentary committee last year she supports letting people tell their stories. She acknowledged the system has been used against people in harmful ways.
The Ripple Effect
This review could transform how Australia treats its most vulnerable citizens. Five other states and territories still have similar gag laws that silence people under guardianship.
The commission's 500-page report pushes for something simple but powerful: treating adults with disabilities and cognitive challenges as people with their own voices, wishes, and rights to share their experiences.
Legal support in tribunal hearings would also be enshrined in law, giving people a better chance to advocate for themselves when guardianship decisions are made.
Attorney General Tony Buti says the government will "closely consider" all recommendations. The Department of Justice is reviewing the report now, though Buti cautioned that such a significant review deserves careful attention.
The changes would give thousands of West Australians back something many of us take for granted: the right to tell our own story.
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Based on reporting by ABC Australia
This story was written by BrightWire based on verified news reports.
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