GUARDIANSHIP AND ADMINISTRATION ACT 1990 - SECT 110ZD
GUARDIANSHIP AND ADMINISTRATION ACT 1990 - SECT 110ZD
110ZD . Circumstances in which person responsible may make treatment decision
(1) If a patient is
unable to make reasonable judgments in respect of any treatment proposed to be
provided to the patient, the person responsible for the patient under
subsection (2) may make a treatment decision in respect of the treatment.
(2) The person
responsible for the patient is the first in order of the persons listed in
subsection (3) who —
(a) is
of full legal capacity; and
(b) is
reasonably available; and
(c) is
willing to make a treatment decision in respect of the treatment.
(3) For subsection
(2), the persons are the following —
(a) the
patient’s spouse or de facto partner if that person —
(i)
has reached 18 years of age; and
(ii)
is living with the patient;
(b) the
patient’s nearest relative who maintains a close personal relationship
with the patient;
(c) the
person who —
(i)
has reached 18 years of age; and
(ii)
is the primary provider of care and support (including
emotional support) to the patient, but is not remunerated for providing that
care and support;
(d) any
other person who —
(i)
has reached 18 years of age; and
(ii)
maintains a close personal relationship with the patient.
(4) For subsection
(3)(b), the patient’s nearest relative is the first in order of priority
of the following relatives of the patient who has reached 18 years of age
—
(a) the
spouse or de facto partner;
(b) a
child;
(c) a
parent;
(d) a
sibling.
(5) For subsection
(3)(b) and (d)(ii), a person maintains a close personal relationship with the
patient only if the person —
(a) has
frequent contact of a personal (as opposed to a business or professional)
nature with the patient; and
(b)
takes a genuine interest in the patient’s welfare.
(6) For subsection
(3)(c)(ii), a person is not remunerated for providing care and support to the
patient although the person receives a carer payment or other benefit from the
Commonwealth or a State or Territory for providing home care for the patient.
(6A) The person
responsible for the patient cannot make a treatment decision in respect of the
performance of an abortion on the patient.
(7) The person
responsible for the patient cannot consent to the sterilisation of the
patient.
(8) When making a
treatment decision for the patient, the person responsible for the patient
must act according to the person’s opinion of the best interests of the
patient.
(9) A treatment
decision made by the person responsible for the patient has effect as if
—
(a) the
treatment decision had been made by the patient; and
(b) the
patient were of full legal capacity.
[Section 110ZD inserted: No. 25 of 2008 s. 11;
amended: No. 20 of 2023 s. 43.]