New South Wales Consolidated Acts

GUARDIANSHIP ACT 1987 - SECT 45

45 Restrictions on Tribunal’s power to give consent

(1) The Tribunal must not give consent to the carrying out of medical or dental treatment on a patient to whom this Part applies unless the Tribunal is satisfied that the treatment is the most appropriate form of treatment for promoting and maintaining the patient’s health and well-being.

(2) However, the Tribunal must not give consent to the carrying out of special treatment unless it is satisfied that the treatment is necessary:

(a) to save the patient’s life, or

(b) to prevent serious damage to the patient’s health,

or unless the Tribunal is authorised to give that consent under subsection (3).

(3) In the case of:

(a) special treatment of a kind specified in paragraph (b) of the definition of that expression in section 33 (1), or

(b) prescribed special treatment (other than special treatment of a kind specified in paragraph (a) of that definition),

the Tribunal may give consent to the carrying out of the treatment if it is satisfied that:

(c) the treatment is the only or most appropriate way of treating the patient and is manifestly in the best interests of the patient, and

(d) in so far as the National Health and Medical Research Council has prescribed guidelines that are relevant to the carrying out of that treatment-those guidelines have been or will be complied with as regards the patient.