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LGBTQIA+ voices needed as WA guardianship laws come under scrutiny

GRAI (GLBTI Rights in Ageing Inc) is calling on older LGBTI people and their supporters to share their experiences with guardianship and administration laws, as Western Australia launches a parliamentary inquiry into the system.

The inquiry follows growing concerns about how guardianship arrangements operate and whether they adequately protect the rights, dignity, and independence of vulnerable people.

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GRAI Chair David Gibson.

GRAI Chair David Gibson said the inquiry presents an important opportunity to ensure older LGBTI voices are heard.

“Guardianship decisions can affect far more than finances or medical treatment,” Gibson said.

“They can determine where you live, who makes decisions on your behalf, and whether your identity, relationships, and chosen family are respected.”

GRAI made a detailed submission to the Law Reform Commission’s review of the Guardianship and Administration Act 1990 (WA). The Commission’s final report, tabled in February, referenced GRAI’s submission extensively.

The report noted GRAI’s warning that guardianship reform has historically overlooked the experiences of LGBTI people, recognising that LGBTI individuals face distinct risks due to past discrimination, evolving civil rights, and ongoing bias.

Gibson said the new parliamentary inquiry is a chance to build on that work and ensure real-life experiences are reflected in future reforms.

“We know from our community that guardianship arrangements can sometimes create additional risks for older LGBTI people,” he said.

“This includes situations where chosen family are excluded, identity is not respected, or decisions are made without understanding a person’s life history or relationships.”

GRAI is encouraging older LGBTI people, carers, chosen family members, and community members to share their experiences, particularly where guardianship or administration arrangements have:

  • Excluded chosen family from decision-making
  • Affected identity, relationships, or living arrangements
  • Created financial stress or confusion
  • Made it difficult to raise concerns or complaints
  • Failed to provide culturally safe or respectful care
  • Resulted in any other negative or concerning outcomes

Gibson said lived experience is critical to shaping laws that genuinely protect people.

“Too often, the voices of older LGBTI people have been missing from discussions about guardianship,” he said.

“This inquiry gives us another chance to make sure those experiences are recognised and understood.”

GRAI will use community feedback to inform its submission to the parliamentary inquiry.

Community members are encouraged to share their experiences by emailing:
chair@grai.org.au

Submissions to GRAI should be received by:
Friday 22 May 2026

All information shared will be treated with care and confidentiality.

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