Plan Victorian support before deciding a client cannot decide
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- For the decision the lawyer names, list support the March 2020 introduction describes: an explanation the person can understand, a communication aid, extra time, a support person the client wants, and smaller steps. Set out the four abilities the introduction uses, without citing a section number.
- What the lawyer must review
- The lawyer decides whether support is enough for this decision.
- The plan cites no section the introduction does not cite.
- Check ASCR r 9, APP 11, and whether a breach is notifiable under the Privacy Act 1988 (Cth).
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Victoria. Support for one decision. No section of the Guardianship and Administration Act 2019 was opened.
Produce. A support plan the lawyer settles before giving advice on that decision.
Have ready. The decision the lawyer named; How the client communicates; Whether the client wants a support person.
Example of the limit. Illustrative example: The decision is whether to ask the treating doctor for a report. The plan allows a second meeting and a support person the client named. It does not say the client cannot instruct.
Stop and hand it back when
- The lawyer has not named the decision.
- A substitute decision-maker is already appointed.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | For the decision the lawyer names, list support the March 2020 introduction describes: an explanation the person can understand, a communication aid, extra time, a support person the client wants, and smaller steps. Set out the four abilities the introduction uses, without citing a section number. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- The four abilities are quoted as the introduction's description, not as a section number.
- Support on the plan is support the client can actually use for this decision.
- The plan does not say the client lacks capacity.
- The lawyer confirms the Guardianship and Administration Act 2019 before the introduction is relied on.
Sources
- Office of the Public Advocate Victoria: Supported decision-making, an introduction (March 2020) · 2026-10-23
- OAIC: APP 11 · 2026-10-23
The Guardianship and Administration Act 2019 (Vic) was not opened.
This is not the capacity screen and does not appoint a litigation guardian.