MEDICAL TREATMENT (HEALTH DIRECTIONS) ACT 2006 - SECT 11 People with decision-making capacity to be informed of alternatives

MEDICAL TREATMENT (HEALTH DIRECTIONS) ACT 2006 - SECT 11

    (1)     This section applies if—

        (a)     a person has made a health direction; and

        (b)     the person has decision-making capacity.

    (2)     Before complying with the health direction, a health professional treating the person must take all reasonable steps to ensure that the person has been informed about—

        (a)     the nature of the person's illness; and

        (b)     any alternative forms of treatment that may be available; and

        (c)     the consequences of the available forms of treatment; and

        (d)     the consequences of remaining untreated.

    (3)     The health professional must not give effect to the health direction unless the health professional believes, on reasonable grounds, that the person—

        (a)     has understood the information provided under subsection (2); and

        (b)     has weighed the various options; and

        (c)     after weighing the options, has confirmed the decision—

              (i)     to refuse medical treatment; or

              (ii)     to have medical treatment withdrawn.