Cartwright lives with several disabilities, and says he sees the world differently. Credit: Otis Filley

“I didn’t know what the legacy, or the message, of my movie was going to be,” he tells SBS News.

“But it turned out to be this law.”

Under administration

“[Having] a social life and friends were difficult,” he says.

Cartwright understands this was due to “inappropriate” spending.

In some states, concerns have been raised that guardianship is increasingly being used by service providers, particularly as a means to avoid engaging with families who are advocating for an individual’s rights.

Cartwright was subject to an administration order for three years. Credit: Otis Filley

In Cartwright’s experience, being under an administration order “strips you of your identity even more”.

After three years, his order was revoked.

Telling his story

In Cartwright’s case, this meant he could not legally identify himself.

• SBS News is investigating experiences of guardianship in Australia. Have you got a story to share? 
• Get in touch at investigations@sbs.com.au or securely contact Emma Brancatisano at emmabrancatisano.journalist@protonmail.com.

He is one of the very few Australians currently or formerly under guardianship or administration orders able to do so.

‘We need to start somewhere’

“You can’t solve and protect somebody when you haven’t experienced it. And if you haven’t experienced it, you need to listen to the people who are,” he says.

Cartwright sees reforming gag laws as a first step towards navigating — and reforming — the “complicated” guardianship system as a whole.

“We need to start somewhere.”

A fresh push in Victoria

“By silencing individuals, this clause shields guardians, administrators, and service providers from scrutiny — a critical flaw in how this law currently stands.”

Cartwright believes reforming gag laws is a first step to bring about change. Credit: Otis Filley

The push for reform in Victoria is backed by the Office of the Public Advocate — the state disability rights advocacy body — along with disability advocacy organisation VALID, and service providers Yooralla and Life Without Barriers.

“We will continue to work with the Office of the Public Advocate and those with lived experience of disability and guardianship to ensure Victoria’s laws remain effective.”

Tasmania leading reforms

“As an organisation that defends people’s rights every day, we could do nothing to help protect them — it was a David and Goliath battle, but where Goliath won every time.

A Department of Justice spokesperson confirmed in a statement that restrictions prohibiting the disclosure of information relating to a represented person under the Guardianship and Administration Act 1995 were removed last September.

“While people can now freely consent to telling their own story, we are still hearing far too many similar stories. People are still being denied choice and agency in their own lives, under the guise of protecting them from harm.”

Guardianship gag laws across Australia

The spokesperson said the government “will consider” the issue in light of recommendations from a NSW Law Reform Commission review.

“Consideration is still being given to whether changes are needed to ensure that an individual’s right to speak about their experiences is protected while also ensuring sufficient safeguards are in place.”

Cartwright is setting his sights beyond Victoria, as reforms are being considered across the country. Credit: Otis Filley

In Western Australia, a person must not publish or broadcast any report that identifies or could lead to the identification of a protected person. There is no tribunal discretion under any circumstances.

A Department of Justice spokesperson said the state’s Law Reform Commission is currently conducting a review.

‘Let us speak’