Advocates Call for an End to “Gag Laws” in Guardianship Systems

Advocates from across the country, led by the Australian Autism Alliance, have issued an open letter (download below) to all state and territory governments calling for urgent reform of default non-publication provisions—commonly referred to as “gag laws”—that prevent individuals under guardianship or administration orders from publicly speaking about their own lives.

These laws, in place in every jurisdiction except Tasmania, make it an offence or breach of statute for a person to identify themselves as being under guardianship or administration without tribunal approval. Advocates say the rules censor lived experience, obstruct accountability, and strip people of autonomy and dignity.

The call for reform follows evidence presented at the Disability Royal Commission, including the case of Victorian disability advocate Uli Cartwright, whose documentary Life Is a Battlefield was withdrawn from broadcast in 2021 because he identified himself as a former client of Victoria’s State Trustees.

The open letter urges governments to repeal blanket non-publication provisions and replace them with targeted, discretionary safeguards that protect against exploitation, undue influence, and serious harm—without silencing people who wish to share their stories.

“People living with disability shouldn’t have to ask for permission to speak about their own lives,” the letter states.

“Maintaining blanket non-publication laws entrenches secrecy and suppresses the voices of those most affected.”

Advocates say Tasmania’s 2024 reforms prove that change is both achievable and compatible with protective objectives, and align with Recommendation 6.12 of the Disability Royal Commission.

We have requested meetings with Premiers, Chief Ministers and Attorneys-General to progress reform.

For further information, please contact Jenny Karavolos | Chair | Australian Autism Alliance

E: chair@australianautismalliance.org