Victorian Consolidated Legislation

Guardianship and Administration Act 1986 - SECT 42M

Statement by registered practitioner

42M. Statement by registered practitioner



(1) A statement referred to in section 42L must be in writing and must be
dated and signed by the registered practitioner.

(2) A statement must state that-

   (a)  the person responsible for the patient has been informed about the
        nature of the patient's condition to an extent that would be
        sufficient to enable the patient, if he or she were able to consent,
        to decide whether or not to consent to the proposed treatment
        generally or to treatment of a particular kind for that condition; and

   (b)  the person responsible has not consented to the proposed treatment;
        and

   (c)  the registered practitioner believes on reasonable grounds that the
        proposed treatment is in the best interests of the patient; and

   (d)  unless the person responsible applies to the Tribunal and the Tribunal
        otherwise orders, the practitioner will, not earlier than 7 days after
        giving the statement to the person responsible, carry out the proposed
        treatment.

(3) A statement must set out the procedures under the
Victorian Civil and Administrative Tribunal Act 1998 for making an application
to the Tribunal.