Health Care Decision Making Act 2023

A health care provider may administer palliative care to an adult with impaired decision making capacity without the consent of, and despite an objection from, a health care decision maker, if the adult:

has an active, progressive and advanced disease; and

has little or no prospect of cure and is expected to die.

The health care provider must consult with the health care decision maker before administering palliative care to an adult with impaired decision making capacity.

In addition to the duty in section 23, a health care provider must have regard to any preferences and values of the adult with impaired decision making capacity known to the health care provider when making a decision to administer palliative care under subsection (1).

In this section:

palliative care means reasonable treatment for the relief of pain, suffering and distress provided to an adult:

with an active, progressive and advanced disease; and

who has little or no prospect of cure; and

who is expected to die; and

for whom the primary goal is to optimise the quality of life.