What Is Decision-Making Capacity?
Decision-making capacity means being able to make your own choices about your life. It is a basic human right, and the law says that all adults are presumed to have capacity unless there is strong evidence to show otherwise.
This includes decisions about where you live, your health care, your finances, and who supports you.
In the context of QCAT guardianship and administration, this concept becomes particularly important—because an order can only be made if QCAT finds that a person lacks capacity to make certain decisions, and that there’s a need for formal substitute decision-making.
- Understand the information relevant to the decision,
- Weigh up the pros and cons of each option,
- Remember the information long enough to make the decision, and
- Communicate your decision in some way (verbally, in writing, through gestures or assistive technology).
Decision-making capacity is a core part of individual autonomy and self-determination. Everyone has the right to make their own decisions—this is recognised under international, federal, and state human rights frameworks, including:
- United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), Article 12 – Equal recognition before the law.
- Human Rights Act 2019 (QLD) – Right to recognition and equality before the law, and right to privacy and personal autonomy.
- Guardianship and Administration Act 2000 (QLD) – Presumes all adults have capacity unless proven otherwise.
Under Queensland law and across Australia, every adult is presumed to have decision-making capacity. This means that capacity should never be assumed to be absent just because a person has a disability, communicates differently, makes choices others may disagree with, or requires support.
In QCAT decisions, this presumption must be upheld unless there is clear evidence otherwise. Any application for guardianship or administration must demonstrate that all reasonable supports have been explored first.
Any restriction on someone’s ability to make decisions should only occur as a last resort, after all reasonable supports have been explored.
Decision-making capacity is not fixed—it can change:
- Over time (e.g. recovery from injury or during an episode of mental illness),
- Depending on the type of decision (some decisions are more complex than others),
- Depending on the context (e.g. how information is presented, and what support is provided).
For example, someone may have capacity to decide what to eat or who to spend time with, but may not have capacity to make a complex financial decision at a particular moment. Or they may need support—such as accessible information or a trusted person to talk things through—in order to make a decision.
Additional Resources
Relevant Laws and Rights:
Guardianship and Administration Act 2000 (QLD) – outlines how capacity is defined and assessed, and presumes adults have capacity.
Human Rights Act 2019 (QLD) – protects the right to autonomy, privacy, and freedom.
UN Convention on the Rights of Persons with Disabilities (UNCRPD), Article 12 – recognises the equal right of people with disabilities to make decisions and receive the support they need to do so.
Guidelines for assessing decision-making capacity (Queensland Government Website) HERE
Queensland Capacity Assessment Guidelines (PDF from QLD Gov publications portal) HERE
Decision-making for Adults with impaired capacity (QCAT website) HERE