Reflecting Will and Preference in Decision Making

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Keynote Speakers PROFESSOR Rosalind Croucher AM PROFESSOR Gerard Quinn Professor Croucher, BA(Hons) LLB PhD AMusA FRSA FACLM(Hon) FAAL TEP, was appointed to the Australian Law Reform Commission (ALRC) in February 2007, and in December 2009 as President. Prior to this she was Dean of Law at Macquarie University (November 1999–February 2007), where she still holds a Chair. She has lectured and published extensively, principally in the fields of equity, trusts, property, inheritance and legal history. At the ALRC Professor Croucher has led eight law reform inquiries and is currently leading the inquiry into encroachments on traditional rights and freedoms. In 2011 she was recognised as one of the 40 ‘Inspirational Alumni’ of UNSW, where she gained her PhD in 1994. In 2014 Professor Croucher was acknowledged for her contributions to public policy as one of Australia’s ‘100 Women of Influence’ in the Australian Financial Review and Westpac awards; and for her ‘outstanding contribution to the legal profession’ role in supporting and advancing women in the legal profession she was awarded the Australian Women Lawyer’s award. In the Australia Day Honours list, 2015, Professor Croucher was made a Member of the Order of Australia (AM) for ‘significant service to the law as an academic, to legal reform and education, to professional development, and to the arts’. Gerard Quinn is a professor of law at the National University of Ireland (Galway). He holds degrees in political science (B.A.) and law (LL.B.) from the National University, is a qualified barrister-at-law (B.L., Kings’ Inns) and a graduate of Harvard Law School (LL.M., S.J.D.). He has had a varied career in public service. He was a former Director of Research at the Irish Government’s Law Reform Commission and has served two terms on the Irish Human Rights Commission. He has served on other Government bodies such as the Ministry of Foreign Affairs Joint Committee on human rights and the Government’s Commission on the Status of Persons with Disabilities. He is currently a Presidential appointee to the Council of State which provides constitutional law advice to the President of Ireland. He currently sits on the scientific committee (advisory board) of the European Union Fundamental Rights Agency (Vienna). He has worked as a temporary civil servant in the European Commission (EU) on equality policy and also rose to be First Vice President of the Council of Europe’s Social Rights Committee (a treaty monitoring body on economic and social rights in Europe). He has directed large studies for the UN Office of the High Commissioner for Human Rights and led the delegation of Rehabilitation International during the drafting of the new UN treaty on the rights of persons with disabilities. Because he has led several large scale EU-funded research projects and PhD networks he has been declared a ‘Champion of EU Research’ by the Irish Government (Dept. of Enterprise, 2011). He has been a joint honoree with Senator Tom Harkin of the United States International Council on Disability (2014) and received a Presidential Award from Rehabilitation International in 2009 for his work in drafting the UN Convention on the Rights of Persons with Disabilities. He sits, and has sat, on many advisory boards including those of the Soros-Open Society Foundations Human Rights Initiative (Washington DC), and Human Rights Watch disability programme (NYC). He directs a Centre on International Disability Law & Policy at the National University of Ireland which is one of the first of its kind in the world with a dedicated masters (LLM) and PhD programme in international disability law. He holds an adjunct chair in the National Academy of Legal Studies and Research (NALSAR), Hyderabad, India, is a former Visiting Fellow at Harvard Law School (2007), a former visiting professor at the University of Haifa (2015), Israel, and a Distinguished Visiting Professor at the University of New South Wales, Sydney, Australia (2015). His most recent publications include Readings on the Studies of the UN Convention on the Rights of Persons with Disabilities, Guinn G., and Jing Li (Eds), (People’s Publishing House, Beijing, 2015) and Genetic Discrimination: Transatlantic Perspectives on the case for a European Level Legal Response, Quinn, G., Blanck, P., and De Paor A., (Eds.) (Routledge, London, 2014). His current research interests include legal and other theories of personhood, the impact of scientific breakthroughs on concepts of personhood, the implications of the move away from guardianship to supported decision-making, the philosophy of ‘home’ and the law regarding the right to community living and especially the use/misuse of the EU Structural Funds.
Provisional Program Monday, 17 October 2016 8:00am Registration and arrival coffee 9:00am – 10:30am OPENING PLENARY SESSION 9:00am Welcome to Country 9:15am Conference Opening 9:30am Keynote Address The decay and re-birth of legal capacity law around the world Gerard Quinn 10:30am – 11:00am Morning tea 11:00am – 12:30pm PARALLEL SESSIONS 1A, 1B, 1C and 1D Parallel Session 1A Parallel Session 1B Parallel Session 1C Parallel Session 1D 11:00am Increasing the choice and control of NDIS participants through the involvement of volunteer decision supporters: lessons from the OVAL Project Michelle Browning, Kylie Fisher and Heather Forsyth 11:00am Documenting capacity-withsupport: advance planning documents and people with intellectual disability Kate Rea 11:00am Using dispute resolution skills in the guardianship and administration jurisdiciton to preserve the support structures around vulnerable people with impaired capacity Julie Ford 11:00am Advance care directives (Advance care planning) are important documents but are they accessible for individuals who have a mental incapacity? Margaret Brown 11:20am Enhancing autonomy: Towards a person-centred decision making model Sue Jarrad 11:20am Dementia: when rights, will and preference conflict Jan Killeen 11:20am Legal capacity and victims of crime Robert Guthrie 11:20am Administering the unguarded; who is responsible for people with incapacity not under guardianship? Chris Borthwick 11:40am What keeps you Strong In Community – an Aboriginal and Torres Strait islander prospective June Riemer and Paul Calcott 11:40am Losing control: cognitive decline, decision making and the law John Chesterman 11:40am Respecting autonomy in decision making: guardianship and trust for persons with intellectual disabilities in Hong Kong Rebecca Lee and Lusina Ho 11:40am Delivering a great customer experience at NSW Trustee and Guardian Simon Guttmann and Joan O’Dwyer 12:00pm Making decisions on reproductive and sexual health for and by women with impaired decision making capacity Julia Duffy 12:00pm Advance care planning and dementia: Reflections on a Western Australian study Meredith Blake and Craig Sinclair 12:00pm Elder abuse – The preventative role a solicitor can play Darryl Browne 12:00pm Choice: What is it and how can it be expanded? Dianne Chartres 12:20pm Discussion 12:20pm Discussion 12:20pm Discussion 12:20pm Discussion 12:30pm – 1:30pm 1:30pm –3:00pm 3:00pm – 3:30pm 3:30pm – 5:00pm Lunch Panel Discussion: The National Disability Insurance Scheme Moderator: Julie McCrossin Introduction: David Bowen (CEO, National Disability Insurance Agency) Afternoon tea PARALLEL SESSIONS 2A, 2B and 2C Parallel Session 2A Parallel Session 2B Parallel Session 2C 3:30pm Elder abuse: incidence and outcomes for Victorians under guardianship Lois Bedson 4:00pm Protecting the vulnerable when life isn’t fair Craig Dent 4:30pm When will and preference are overborne – case studies of elder abuse in Queensland in the context of recent Government inquiries and the move towards supported decision making Allyson Lindsay 3:30pm Delivering decision-making support to people with intellectual disabilities in Australia: Assessing the impact Christine Bigby, Jacinta Douglas, Terry Carney, Shih-Ning Then, Ilan Wiesel, Jodie Griffiths-Cook, Justine O’Neill and John Chesterman 4:00pm Implementing Article 12 now Ellen Read and Christina Ryan 4:30pm Support or no support to exercise decisionmaking capacity: same person, same decision, vastly different outcomes Michelle O’Flynn and David Manwaring 3:30pm Hong Kong Adult Guardianship – 17 years on Charles Chung-yee Chiu 3:50pm Common ground or battleground? Matthew Rasmussen and Phil Grano 4:10pm Capturing values to inform medical treatment decision making Jackie Kearney, John Hickey and James Cameron 4:30pm Can guardians authorise detention in Victoria? Hamish McLachlan and Katherine Minett 4:50pm Discussion 5:00pm – 6:30pm Welcome Reception
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