Submission No 15
SUPPORTED DECISION-MAKING IN NSW
Organisation: Independent Review Office
Date Received: 13 March 2026
OFFICIAL: Sensitive - NSW Government
Independent Review Office
12 March 2026
Committee on Ageing and Disability Parliament House
Macquarie Street
SYDNEY NSW 2000
Dear Committee on Ageing and Disability,
Re: Submission to the Committee on Ageing and Disability — Inquiry into Supported Decision-Making
Thank you for the opportunity to provide a submission to the Committee on Ageing and Disability’s inquiry into Supported Decision-Making for adults with disability and older people in NSW.
The Office of the Independent Review Officer (IRO) supports the aim of the Committees’ inquiry to enhance the process of supported decision-making for adults with a disability and older people in NSW.
The statutory functions of the Independent Review Office are set out in clause 6 of Schedule 5 of the Personal Injury Commission Act 2020, and include dealing with enquiries and complaints from people in NSW who have suffered injuries in the course of their employment, or in motor vehicle accidents and are receiving compensation through the NSW workers compensation or NSW compulsory third party (CTP) schemes.
The NSW workers compensation and CTP scheme are available to all citizens including people with disability and including people with disability who may need more support than others to exercise their rights. People may also acquire permanent disability as a consequence of their injuries whether sustained in the workplace or in a motor vehicle accident, where those injuries might result in the need for added assistance to equitably exercise their rights in these schemes. For some people who are injured at work or on the roads, their injury may result in a cognitive impairment or a significant psychosocial disability, the impact of which may cause them to need ongoing assistance in activities of daily living including in obtaining and analysing information or communicating their preferences and decisions.
Both schemes are complex and can be difficult to navigate for any person who is new to them. For people who require that additional support, or need more time or information to participate, applying a supported decision making in these schemes would enable people with additional needs to be better engaged in decisions about treatment and support, consenting to that treatment, and managing monetary compensation amongst other things.
Should it be considered that a supported decision-making framework be formally adopted in NSW, IRO recommends that consideration be given to how such a framework may be implemented so that the needs of people in engaging with the NSW workers compensation and CTP schemes, are accommodated. This would enable the application of supported decision-making concepts into the practices of scheme regulators, practitioners and insurers, and would
Office of the Independent Review Officer trading as Independent Review Office ABN 50 845 625 669 | Level 8, 1 Oxford Street, Darlinghurst NSW 2010 | ph. 13 94 76 | www.iro.nsw.gov.au OFFICIAL: Sensitive - NSW Government
OFFICIAL: Sensitive - NSW Government
likely significantly improve the experience and outcomes of these schemes for people with additional needs.
Please do not hesitate to contact my office at contact@iro.nsw.gov.au or on redacted to discuss this submission further.
Kind regards
redacted
Samantha Taylor, PSM Independent Review Officer
OFFICIAL: Sensitive - NSW Government