MEDICAL TREATMENT PLANNING AND DECISIONS ACT 2016 - SECT 3 Definitions

MEDICAL TREATMENT PLANNING AND DECISIONS ACT 2016 - SECT 3

    (1)     In this Act—

"administer" includes the following—

        (a)     supervise the administration of;

        (b)     continue to administer;

"adult" means a person of or above the age of 18 years;

"advance care directive" means a directive given under Part 2;

"appointed medical treatment decision maker" means a medical treatment decision maker appointed under Division 2 of Part 3;

S. 3(1) def. of authorised psychiatrist amended by No. 39/2022 s. 847(a).

"authorised psychiatrist" has the same meaning as it has in the Mental Health and Wellbeing Act 2022 ;

S. 3(1) def. of authorised witness amended by No. 6/2018 s. 68(Sch.  2 item 86).

"authorised witness" means either of the following—

        (a)     a registered medical practitioner;

        (b)     an authorised affidavit taker within the meaning of the Oaths and Affirmations Act 2018 ;

"care relationship" has the same meaning as it has in the Carers Recognition Act 2012 ;

"child" means a person under the age of 18 years;

decision-making capacity has the meaning given by section 4 ;

"domestic partner "of a person means—

        (a)     a person who is in a registered relationship with the person; or

        (b)     an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person—

              (i)     for fee or reward; or

              (ii)     on behalf of another person or an organisation (including a government, a government agency, a body corporate or a charitable or benevolent organisation);

S. 3(1) def. of electro-convulsive treatment amended by No. 39/2022 s. 847(b).

"electroconvulsive treatment" has the same meaning as it has in the Mental Health and Wellbeing Act 2022 ;

"eligible applicant" means any of the following—

        (a)     a health practitioner who has the care of, or is providing medical treatment to, a person;

        (b)     the medical treatment decision maker of a person;

        (c)     a person's support person;

        (d)     the Public Advocate;

        (e)     any other person whom VCAT is satisfied has a special interest in the affairs of the person concerned;

S. 3(1) def. of health facility amended by Nos 19/2019 s. 266, 39/2022 s. 847(c), 9/2023 s. 236.

"health facility" means—

        (a)     the following within the meaning of the Health Services Act 1988 —

              (i)     denominational hospital;

              (ii)     multi purpose service;

              (iii)     private hospital;

              (iv)     public health service;

              (v)     public hospital;

              (vi)     residential care service;

              (vii)     State funded residential care service; and

        (b)     the Victorian Institute of Forensic Mental Health established under Chapter 14 of the Mental Health and Wellbeing Act 2022 ; and

        (c)     a residential service within the meaning of the  Disability Act 2006 ; and

        (caa)     accommodation approved for supervised treatment under section 187 of the Disability Act 2006 ; and

        (ca)     an SDA enrolled dwelling within the meaning of the Residential Tenancies Act 1997 ; and

        (d)     a supported residential service within the meaning of the Supported Residential Services (Private Proprietors) Act 2010 ;

"health information" has the same meaning as it has in the Health Records Act 2001 ;

S. 3(1) def. of health practitioner amended by No. 29/2021 s. 37.

"health practitioner" means the following—

        (a)     a registered health practitioner;

        (b)     an operational staff member within the meaning of the Ambulance Services Act 1986 ;

        (c)     the holder of a non-emergency patient transport service licence within the meaning of the Non-Emergency Patient Transport and First Aid Services Act 2003 or an employee or contractor of such a holder who provides such a service;

"human research ethics committee" means—

        (a)     a human research ethics committee established in accordance with the requirements of—

              (i)     the National Statement on Ethical Conduct in Research Involving Humans published by the National Health and Medical Research Council in 1999 as in force from time to time; or

              (ii)     any superseding document of the statement referred to in subparagraph (i) published by the National Health and Medical Research Council that covers the same subject matter; or

        (b)     an ethics committee established under the by-laws of any of the following within the meaning of the Health Services Act 1988 —

              (i)     denominational hospital;

              (ii)     multi purpose service;

              (iii)     public health service;

              (iv)     public hospital;

instructional directive has the meaning given by section 6 ;

"medical research practitioner" means—

        (a)     a registered medical practitioner; or

        (b)     a person registered under the Health Practitioner Regulation National Law—

              (i)     to practise in the dental profession as a dentist

(other than as a student); and

              (ii)     in the dentist division of that profession;

"medical research procedure" means—

        (a)     a procedure carried out for the purposes of medical research, including, as part of a clinical trial—

              (i)     the administration of pharmaceuticals; or

              (ii)     the use of equipment or a device; or

        (b)     a prescribed medical research procedure—

but does not include any of the following—

        (c)     any non-intrusive examination including—

              (i)     a visual examination of the mouth, throat, nasal cavity, eyes or ears; or

              (ii)     the measuring of a person's height, weight or vision;

        (d)     observing a person's activities;

        (e)     undertaking a survey;

        (f)     collecting or using information, including either of the following—

              (i)     personal information within the meaning of the Privacy and Data Protection Act 2014 ;

              (ii)     health information;

        (g)     any other procedure prescribed not to be a medical research procedure;

S. 3(1) def. of medical treatment amended by No. 34/2019 s. 50.

"medical treatment" means any of the following treatments of a person by a health practitioner for the purposes of diagnosing a physical or mental condition, preventing disease, restoring or replacing bodily function in the face of disease or injury or improving comfort and quality of life—

        (a)     treatment with physical or surgical therapy;

        (b)     treatment for mental illness;

        (c)     treatment with prescription pharmaceuticals;

        (d)     dental treatment;

        (e)     palliative care—

but does not include a medical research procedure;

"medical treatment decision" means a decision to consent to or refuse the commencement or continuation of medical treatment or a medical research procedure;

"medical treatment decision maker" in relation to a person means the person identified in accordance with section 55 at a particular time;

S. 3(1) def. of mental health patient amended by No. 39/2022 s. 847(d).

"mental health patient" means a patient within the meaning of the Mental Health and Wellbeing Act 2022 ;

S. 3(1) def. of mental illness amended by No. 39/2022 s. 847(e).

"mental illness" has the same meaning as it has in the Mental Health and Wellbeing Act 2022 ;

S. 3(1) def. of neurosurgery for mental illness amended by No. 39/2022 s. 847(f).

"neurosurgery for mental illness" has the same meaning as it has in the Mental Health and Wellbeing Act 2022 ;

"palliative care" includes the following—

        (a)     the provision of reasonable medical treatment for the relief of pain, suffering and discomfort;

        (b)     the reasonable provision of food and water;

"primary carer" of a person means an adult who—

        (a)     is in a care relationship with the person; and

        (b)     has principal responsibility for the person's care;

"professional misconduct" has the same meaning as it has in the Health Practitioner Regulation National Law;

"psychiatrist" means a person who is registered under the Health Practitioner Regulation National Law as a medical practitioner in the specialty of psychiatry (other than as a student);

S. 3(1) def. of Public Advocate amended by No. 13/2019 s. 221(Sch.  1 item 31.1(a)).

"Public Advocate "has the same meaning as it has in the Guardianship and Administration Act 2019 ;

"registered health practitioner" has the same meaning as it has in the Health Practitioner Regulation National Law;

"relevant human research ethics committee "in relation to a medical research procedure means the human research ethics committee responsible for approving the relevant research project;

"relevant research project "in relation to a medical research procedure means the research project for the purposes of which the procedure is administered;

"routine treatment" means any medical treatment other than significant treatment;

"Secretary "means the Department Head (within the meaning of the Public Administration Act 2004 ) of the Department of Health and Human Services;

"significant treatment" means any medical treatment of a person that involves any of the following—

        (a)     a significant degree of bodily intrusion;

        (b)     a significant risk to the person;

        (c)     significant side effects;

        (d)     significant distress to the person;

S. 3(1) def. of special medical procedure amended by No. 13/2019 s. 221(Sch.  1 item 31.1(b)).

"special medical procedure "has the same meaning as it has in section 140 of the Guardianship and Administration Act 2019 ;

"spouse" of a person means a person to whom the person is married;

"support person "means a person appointed under Division 3 of Part 3;

"treatment for mental illness" means the following—

        (a)     things that are done in the course of the exercise of professional skills—

              (i)     to remedy a person's mental illness; or

              (ii)     to alleviate the symptoms and reduce the ill effects of a person's mental illness;

        (b)     electroconvulsive treatment;

        (c)     neurosurgery for mental illness;

S. 3(1) def. of Tribunal amended by No. 39/2022 s. 847(g).

"Tribunal "means the Mental Health Tribunal established under section 330 of the Mental Health and Wellbeing Act 2022 ;

"unprofessional conduct" has the same meaning as it has in the Health Practitioner Regulation National Law;

values directive has the meaning given by sections 6 and 12.

    (2)     For the purposes of the definition of domestic partner in subsection (1)—

        (a)     registered relationship has the same meaning as it has in the Relationships Act 2008 ; and

        (b)     in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of the relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case; and

        (c)     a person is not a domestic partner of another person merely because they are co-tenants.

    (3)     For the purposes of the definition of primary carer in subsection (1), a person who is cared for in a health facility at which the person is cared for by another person is not, by reason only of that fact, to be regarded as being in the care of that other person and remains in the care relationship that the person was in immediately before being cared for in that health facility.