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Your Rights Matter

People with disability have the same legal and human rights as everyone else. These rights must be recognised, protected, and upheld—including during decision-making processes, assessments of capacity, and any involvement with QCAT.

Under Queensland law and international human rights agreements, especially the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), every person has the right to:

You have the right to:

  • Be included in decisions that affect your life,
  • Say what you want, in your own way,
  • Be supported to communicate (including using pictures, devices, interpreters, or advocates),
  • Be listened to with respect and without judgement.

Even if others disagree with your choices, you still have the right to express your views.

You have the right to:

  • Make decisions about your own life,
  • Get help and support to make those decisions if needed,
  • Make decisions others might think are unwise or risky.

A poor decision is not the same as impaired capacity.

The law in Queensland presumes that every adult has capacity to make their own decisions, unless there is clear evidence showing otherwise.

You have the right to:

  • Be given information in a way you can understand,
  • Take your time to decide,
  • Be supported by someone you trust (like a family member, friend, or advocate),
  • Use communication tools or strategies that help you express yourself.


This is called supported decision-making—and it should be tried first, before considering formal guardianship.

You have the right to:

  • Make decisions with as little interference as possible,
  • Avoid unnecessary restrictions on your freedom or choices,
  • Have formal decision-makers (like guardians) only as a last resort.

Any limits placed on your decision-making must be:

  • Necessary,
  • Proportionate,
  • Time-limited,
  • Regularly reviewed.

You have the right to:

  • Be treated with dignity at every stage of the process,
  • Keep your personal information private,
  • Be free from abuse, coercion, or discrimination,
  • Expect that people will act in your best interests only when you genuinely cannot make the decision yourself.
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  • If a decision is made that you disagree with—such as the appointment of a guardian or administrator—you have the right to:

    • Be informed about the decision,
    • Get a copy of the written order,
    • Challenge or appeal the decision through QCAT or another court,
    • Get support to understand and participate in the appeals process.

    An advocate or legal service can help you exercise this right.

  • You have the right to:

    • Be supported by an independent advocate,
    • Ask for help to prepare for QCAT or capacity assessments,
    • Have someone stand beside you to protect your rights and wishes,
    • Access free, confidential advocacy services across Queensland.

Additional Resources

General principles and health care principles under Queensland’s guardianship framework (QLD Gov publications portal) HERE