Health Care Decision Making Act 2023

A health care provider may administer routine health care to an adult with impaired decision making capacity without the consent of a health care decision maker.

Subsection (1) authorises administering routine personal hygiene and grooming.

Subsections (1) and (2) do not authorise a health care provider to administer any health care that:

is objected to by the adult; or

consists of an ongoing course of treatment; or

causes a significant degree of intrusion into the body of the adult; or

creates a significant risk of harm to the adult; or

causes significant side-effects to the adult; or

causes significant pain or distress to the adult.

For this section, a health care provider must make reasonable efforts to follow any guidelines issued by the Public Guardian under section 55(d).