Dr Craig Dent

Legal reform is essential, but it is rarely sufficient on its own. Supported decision-making (SDM) demonstrates this truth clearly: laws can mandate support, enshrine autonomy, and recognise rights, yet implementation often falls short when culture and practice are unchanged.

Reform without cultural change risks becoming symbolic rather than transformative.

Victoria’s 2020 guardianship reforms provide a statutory framework for SDM. They prioritise will and preferences over substitute decision-making and formally recognise support agreements.

Yet evidence shows that:

• Courts and service providers sometimes default to substitution.
• Staff and supporters may lack understanding of SDM principles.
• Institutional routines often prioritise efficiency, risk aversion, and compliance over autonomy.

Without cultural adoption, the promise of SDM is lost in everyday practice.

Law is only one layer of change. Organisational culture, professional norms, and societal attitudes determine whether SDM is realised. Key cultural factors include:

1. Trust in people with disability – believing that, with support, individuals can make meaningful decisions.
2. Acceptance of calculated risk – recognising that autonomy sometimes entails imperfect choices.
3. Commitment to collaboration – encouraging dialogue between the person, supporters, and institutions.
4. Continuous learning – training, mentoring, and reflective practice to embed SDM principles.

When these cultural elements are missing, legal reform risks being paper-deep.

Culture interacts with systems. Policies, procedures, and governance structures must reinforce autonomy:

• Clear roles for supporters.
• Transparent processes for decision-making.
• Monitoring to prevent substitution creeping in.
• Accountability mechanisms that measure voice and choice, not just compliance.

Supported decision-making succeeds when law, culture, and systems align, reinforcing each other rather than working in isolation.

Australia and other jurisdictions demonstrate a consistent pattern:

• Legal reform creates possibility.
• Culture enables practice.
• Systems sustain outcomes.

Without cultural change, even the most progressive laws remain aspirational. Autonomy, choice, and human dignity are not guaranteed by legislation alone, they are realised through organisational mindsets, professional attitudes, and everyday behaviours.

Supported decision-making is a test of this alignment. When law, culture, and systems work together, people’s voices are heard, respected, and acted upon. When they don’t, autonomy is eroded despite legal protections.