CONSENT TO MEDICAL TREATMENT AND PALLIATIVE CARE ACT 1995

Table of Provisions

• Long Title

PART 1--Preliminary

• 1 Short title
• 3 Objects
• 4 Interpretation
• 4A References to provision of medical treatment etc to include withdrawal etc of medical treatment
• 4B Consent not required for withdrawal etc of medical treatment
• 4C Interaction with Voluntary Assisted Dying Act

PART 2--Consent to medical treatment generally

Division 1--Consent generally

• 6 Legal competence to consent to medical treatment

Division 4--Medical treatment of children

• 12 Administration of medical treatment to a child

Division 5--Emergency medical treatment

• 13 Emergency medical treatment

PART 2A--Consent to medical treatment if person has impaired decision-making capacity

• 14 Interpretation
• 14A Application of Part
• 14B Consent of person responsible for patient effective in certain circumstances
• 14C Person responsible for patient to make substituted decision
• 14D Person must not give consent unless authorised to do so

PART 3--Provisions governing medical practice

Division 1--Medical practice generally

• 15 Medical practitioner's duty to explain
• 16 Protection for medical practitioners etc

Division 2--The care of people who are dying

• 17 The care of people who are dying
• 18 Saving provision

PART 3A--Dispute resolution, reviews and appeals

Division 1--Preliminary

• 18A Interpretation
• 18B Application of Part

Division 2--Resolution of disputes by Public Advocate

• 18C Resolution of disputes by Public Advocate
• 18D Public Advocate may refer matter to Tribunal
• 18DA Public Advocate may refer question of law to Supreme Court

Division 3--Resolution of disputes by Tribunal

• 18E Resolution of disputes by Tribunal
• 18F Tribunal may refer matter to Public Advocate
• 18G Failing to comply with direction of Tribunal

Division 4--Reviews and appeals

• 18H Reviews and appeals

PART 3B--Special provisions relating to Tribunal

• 18I Tribunal must give notice of proceedings
• 18J Reasons for decisions
• 18K Representation of person who is subject of proceedings

PART 4--Regulations

• 19 Regulations
• SCHEDULE 3--Transitional provisions
Legislative history