Victorian Consolidated Legislation

Medical Treatment Act 1988 - SECT 5B

Refusal of treatment certificate by agent or guardian

5B. Refusal of treatment certificate by agent or guardian





(1) If a registered medical practitioner and another person are each
satisfied-

   (a)  that the patient's agent or guardian has been informed about the
        nature of the patient's current condition to an extent that would be
        reasonably sufficient to enable the patient, if he or she were
        competent, to make a decision about whether or not to refuse medical
        treatment generally or of a particular kind for that condition; and

   (b)  that the agent or guardian understands that information-

the agent or guardian, on behalf of the patient-

   (c)  may refuse medical treatment generally; or

   (d)  may refuse medical treatment of a particular kind-

for that condition.

(2) An agent or guardian may only refuse medical treatment on behalf of a
patient if-

   (a)  the medical treatment would cause unreasonable distress to the
        patient; or

   (b)  there are reasonable grounds for believing that the patient, if
        competent, and after giving serious consideration to his or her health
        and well-being, would consider that the medical treatment is
        unwarranted.

(3) Where a refusal is made by an agent or a guardian, a refusal of treatment
certificate must be completed in the form of Schedule 3.