Victorian Consolidated Legislation

Guardianship and Administration Act 1986 - SECT 38

Best interests

38. Best interests



(1) In this Part, for the purposes of determining whether any special
procedure or any medical or dental treatment would be in the best interests of
the patient, the following matters must be taken into account-

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

   (b)  the wishes of any nearest relative or any other family members of the
        patient; and

   (c)  the consequences to the patient if the treatment is not carried out;
        and

   (d)  any alternative treatment available; and

   (e)  the nature and degree of any significant risks associated with the
        treatment or any alternative treatment; and

   (f)  whether the treatment to be carried out is only to promote and
        maintain the health and well-being of the patient; and

   (g)  any other matters prescribed by the regulations.

(2) For the purposes of subsection (1)(b), if the patient-

   (a)  is likely to be capable, within a reasonable time, of giving consent
        to the carrying out of a special procedure or medical or dental
        treatment; and





   (b)  objects to-

   (i)  a relative referred to in paragraphs (a) to (g) of the definition of
        nearest relative in section 3(1); or

   (ii) another family member (other than the patient's spouse or domestic
        partner)- being involved in decisions concerning a special procedure
        to be carried out on the patient or the patient's medical or dental
        treatment- that relative or family member is taken not to be the
        nearest relative or a family member of the patient.

Division 2-Consent