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(11) The QLRC review was more supportive of a role for mediation, either within the tribunal context, or exterior to it.
One of the main barriers to the use of mediation, as outlined in the QLRC Report, is the view that the guardianship regime is not a 'consent' jurisdiction.
The QLRC identify family conflict as an issue that could particularly benefit from earlier intervention from mediation (or other suitable ADR processes).
The QLRC made several recommendations in relation to conflict.
Essentially, the QLRC saw a greater role for mediation services, but did not form a view as to who should best provide these services.
(25) Like the QLRC report on guardianship, it was extremely extensive and comprehensive.
Some different proposals that the VLRC (separate to discussions by QLRC) considered were the issue between complaints processes (to the Victorian independent Disability Commissioner) regarding services for adults with impaired capacity and applications for guardianship.
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