Australian Capital Territory Consolidated Acts

GUARDIANSHIP AND MANAGEMENT OF PROPERTY ACT 1991 - SECT 70

    (1)     If the ACAT has made an order under section 69 (2) in relation to a person, it may, on application, by order, consent to a prescribed medical procedure (other than treatment for mental illness, electroconvulsive therapy or psychiatric surgery) for the person if it is satisfied that—

        (a)     the procedure is otherwise lawful; and

        (b)     the person is not competent to give consent and is not likely to become competent in the foreseeable future; and

        (c)     the procedure would be in the person's best interests; and

        (d)     the person, the guardian and any other person whom the ACAT considers should have notice of the proposed procedure are aware of the application for consent.

Note     Treatment for mental illness, including electroconvulsive therapy and psychiatric surgery, is dealt with in the Mental Health (Treatment and Care) Act 1994 .

    (2)     The ACAT must appoint the person's guardian, or the public advocate or some other independent person, to represent the person in relation to the hearing relating to the consent.

    (3)     In deciding whether a particular procedure would be in the person's best interests, the matters that the ACAT must take into account include—

        (a)     the wishes of the person, so far as they can be ascertained; and

        (b)     what would happen if it were not carried out; and

        (c)     what alternative treatments are available; and

        (d)     whether it can be postponed because better treatments may become available; and

        (e)     for a transplantation of tissue—the relationship between the 2 people.

    (4)     The ACAT must not consent to the removal of non-regenerative tissue for transplantation to the body of another living person unless, in addition to the matters specified in subsection (1) (a) to (d), it is satisfied that—

        (a)     the risk to the person from whom the tissue is to be taken is small; and

        (b)     the risk of failure of the transplant is low; and

        (c)     the life of the person to whose body the tissue is to be transplanted would be in danger if the transplant were not made; and

        (d)     it is highly likely that transplanting such tissue from someone else would be unsuccessful.

    (5)     In an order by which the ACAT consents to the removal of non-regenerative tissue for transplantation to the body of another living person, the ACAT must specify the time and date the order is made.