Health Care Decision Making Act 2023

A health care decision maker has authority to make a health care decision for an adult if:

the adult has impaired decision making capacity in relation to the health care decision; and

the adult has not made an advance consent decision in an advance personal plan in relation to the health care decision.

A health care decision maker has no authority under this Act regarding the following:

any treatment or care ordered by the Local Court under the

Disability Services Act 1993;

any treatment under the Mental Health and Related Services Act

1998:

for complex cognitive impairment or mental illness; or

of a mentally disturbed person;

any neurosurgery for mental illness.

In this section:

complex cognitive impairment, see section 6A of the

Mental Health and Related Services Act 1998.

mental illness, see section 6 of the Mental Health and Related Services Act 1998.

mentally disturbed, see section 4 of the Mental

Health and Related Services Act 1998.