Indigenous Australians and Impaired Decision-making Capacity

• Published in: The Australian journal of social issues Vol. 45; no. 3; pp. 383 - 393
• Main Authors: Clements, Natalie, Clapton, Jayne, Chenoweth, Lesley
• Format: Journal Article
• Language: English
• Published: Sydney Blackwell Publishing Ltd 01.09.2010
• Subjects: Aboriginal Australians; Alcohol; Australia; Autism; Brain damage; Cognitive ability; Community; Data collection; Decision Making; Dementia; Disability; Fetal alcohol syndrome; Gasoline; Government policy; Guardian and ward; Guardians; Guardianship; Guardianship and Administration system; Handicapped; Indigenous; Indigenous peoples; Intellectual disabilities; mental capacity; Mental disorders; Mental health laws; Mental health services; Mental Illness; Native peoples; People with disabilities; Physically Handicapped; Population; Power of attorney; Services for; substitute decision‐making; Traumatic brain injury; Australia; Western Australia
• ISSN: 0157-6321; 1839-4655
• DOI: 10.1002/j.1839-4655.2010.tb00185.x

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.