Health Care Decision Making Act 2023

A health care decision maker has no authority to consent to any practice or health care that has the effect of restricting the rights or freedom of movement of an adult with impaired decision making capacity in relation to that practice or health care, including, but not limited to, the following:

seclusion of an adult in a room or place where voluntary exit is prevented or where it is implied that voluntary exit is not permitted;

chemical restraint of an adult for the primary purpose of influencing the adult's behaviour;

mechanical restraint of an adult to prevent, restrict or subdue the adult's movement for the primary purpose of influencing the adult's behaviour;

physical restraint of an adult by physical force to prevent, restrict or subdue movement of the adult's body, or part of their body, for the primary purpose of influencing their behaviour;

environmental restraint of an adult preventing free access to their preferred activities or to all parts of their environment, including their personal belongings or other items.

Despite subsection (1), a health care decision maker has authority to consent to the following practices or health care being administered by a health care provider:

the use of drugs or chemicals if:

they are used for the treatment of, or to enable the treatment of, a diagnosed illness, injury or other organic malfunction; and

they are the least restrictive method of treatment in the circumstances;

the use of a hands-on technique to restrain an adult if:

used to prevent potential injury or harm to the adult or others;

and

used in a manner consistent with reasonable care of the adult;

and

it is the least restrictive method of prevention in the circumstances;

seclusion as mentioned in subsection (1)(a) if:

it is reasonably required to assist in the management of the adult; and

used in a manner consistent with reasonable care of the adult;

and

it is the least restrictive method of prevention in the circumstances;

a practice expressly approved by, or allowed by a directive issued by, the Senior Practitioner under section 54;

a practice or health care expressly approved in relation to a particular adult by:

if the adult is receiving health care at a public hospital –

the medical practitioner who is director of medical services for the hospital; or

if the adult is receiving health care at a private hospital –

the medical practitioner who is the manager of the hospital under the

Private Hospitals Act 1981;

a practice or health care:

otherwise permitted by section 25; or

authorised or required under another law of the Territory; or

prescribed by regulation.

An approval of a particular practice or health care in relation to a particular adult under subsection (2)(e):

has effect for a period of no longer than 72 hours, as specified in the approval; and

cannot be reapproved.

In administering any practice or health care mentioned in this section, a health care provider must make reasonable efforts to follow any directives issued by the Senior Practitioner under section 54.

Note for section 29

An advance consent decision may be made about a matter to which this section applies.