Australian Capital Territory Current Acts

MEDICAL TREATMENT (HEALTH DIRECTIONS) ACT 2006 - SECT 18

    (1)     This section applies if—

        (a)     a person has made a health direction; and

        (b)     a doctor declares that the person has become a person with impaired decision-making capacity; and

        (c)     after the direction was made—

              (i)     a guardian is appointed for the person under the Guardianship and Management of Property Act 1991

; or

              (ii)     a health attorney is asked to give a consent under the Guardianship and Management of Property Act 1991

, section 32D.

    (2)     Any power of the guardian or health attorney to consent to medical treatment for the person, or to the person participating in medical research or low-risk research, must be exercised in a way that is consistent with the health direction.

    (3)     However, a health attorney need not act consistently with a health direction if it is not reasonable to do so.

Examples

1     a health attorney is asked to make an urgent medical decision and the health attorney does not have time to look at the health direction

2     a health attorney is unaware, after making reasonable enquiries, that a health direction exists

Note 1     A health attorney is protected from civil and criminal actions and proceedings in relation to consent given, or not given, in good faith as a health attorney (see Guardianship and Management of Property Act 1991

, s 32K).

Note 2     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act

, s 126 and s 132).

    (4)     In this section:

"low-risk research", in relation to a person—see the Powers of Attorney Act 2006

, section 41A.

"medical research", in relation to a person—see the Powers of Attorney Act 2006

, section 41A.