Indigenous Australians and Impaired Decision‑Making Capacity

This article explores issues associated with impaired decision‑making capacity for Indigenous Australians. There is very little published on the subject of impaired decision‑making capacity in Australia, particularly in relation to Indigenous people. To gain some insight into this subject, this article looks at some indicators of impaired decision‑making capacity for Indigenous Australians such as rates of intellectual disability and mental illness. The Australian state‑based Guardianship and Administration system —the legislative framework designed to provide for decision‑making for people with impaired capacity—is briefly described before looking at the cultural relevance of this Western system and its constructs for Indigenous Australians. Future investigation should be directed at exploring existing and alternative strategies to support Indigenous Australians with impaired capacity and their carers