Health Care Decision Making Act 2023

The following persons, listed in descending order of priority, are the potential health care decision makers for an adult with impaired decision making capacity:

a person with health care authority appointed by the adult in an advance personal plan under the Advance Personal Planning Act 2013 or an equivalent document under a law of a State or another

Territory;

a guardian of the adult with health care authority appointed under the Guardianship of Adults Act 2016;

a relative of the adult who is considered by Aboriginal or other customary law or tradition to be the appropriate person to be a health care decision maker;

a spouse or de facto partner of the adult who has a close and continuing relationship with the adult;

a person who is the carer of the adult and not providing that care as a service on a commercial basis;

a child of the adult who has a close and continuing relationship with the adult;

a parent of the adult who has a close and continuing relationship with the adult;

a sibling of the adult who has a close and continuing relationship with the adult;

a friend of the adult who has a close and continuing relationship with the adult.

Notes for section 13

1 The persons specified in paragraphs (a) and (b) are appointed under other legislation and accordingly have statutory functions. The other persons in the section are persons with familial or other connections to the adult.

2 A friend or relative is not precluded from being a health care decision maker because they are receiving a carer payment from the Commonwealth to be a carer of the adult.

3 The Public Guardian may make guidelines on applying and interpreting this section. See section 55(a).