Submission to the Attorney General’s Department of NSW.

PIAC believes the issue of determining capacity should be considered a mainstream legal issue that may arise from time-to-time for lawyers engaged in all types of legal work. In recognition that all members of the community may at some point have their capacity affected or questioned, PIAC recommends the development of clear legal definitions as well as processes for determining capacity, and for implementing formal substitute or supported decision-making where capacity is absent or limited. PIAC believes that the development of clear legal guidelines as well as compulsory mandatory legal education around the issue of identifying when a client may lack capacity is crucial.