New South Wales Consolidated Acts

GUARDIANSHIP ACT 1987 - SECT 45A

45A Consents to continuing or further special treatment by a patient’s guardian with authority of the Tribunal

(1) The Tribunal may, when giving consent to the carrying out of special treatment on a patient to whom this Part applies, confer on the guardian of the patient authority to consent:

(a) to the continuation of the treatment, or

(b) to the carrying out on the patient of further special treatment of a similar nature.

(2) The Tribunal may only confer such an authority at the request or with the consent of the guardian.

(3) The Tribunal may at any time:

(a) impose conditions or give directions as to the exercise of such an authority, or

(b) revoke such an authority.

(4) If the guardian has an authority conferred under this section, any person may request the guardian for the guardian’s consent to the carrying out of the relevant treatment.

(5) In considering a request, a guardian must have regard to:

(a) the views (if any) of the patient, and

(b) the objects of this Part.