An independent legal review has recommended overhauling Western Australia's guardianship laws to allow vulnerable people under state care to publicly share their experiences. The Law Reform Commission of WA found no valid reason to prevent those under state guardianship or administration from being identified if they consent, citing the need to balance privacy with autonomy.
Currently, WA has the strictest secrecy laws in Australia, making it illegal to publish details about individuals under state care, including their physical description or style of dress. This prohibition persists even after they regain decision-making capacity or die. The ABC has uncovered cases of mistreatment, such as pensioners left without enough money for food and exorbitant fees charged for property management.
The commission recommended WA follow Tasmania's 2024 reforms, which allow identification with consent. Attorney General Tony Buti said the government would closely consider the report. Public Advocate Pauline Bagdonavicius supported reforming confidentiality provisions to enable individuals to tell their stories.
The review also urged enshrining supported decision-making as the preferred option, ensuring decisions are based on a person's current wishes. However, it did not address fees charged by public trustees, which have left some vulnerable people paying thousands annually. A separate review of trustee fees is expected by 2027.
