Guardianship and Administration Act 2000

Health care, other than special health care, of an adult may be carried out without consent if the adult’s health provider reasonably considers—

the adult has impaired capacity for the health matter concerned; and

either—

the health care should be carried out urgently to meet imminent risk to the adult’s life or health; or

the health care should be carried out urgently to prevent significant pain or distress to the adult and it is not reasonably practicable to get consent from a person who may give it under this Act or the Powers of Attorney Act 1998.

However, the health care mentioned in subsection (1)(b)(i) may not be carried out without consent if the health provider knows the adult objects to the health care in an advance health directive.

However, the health care mentioned in subsection (1)(b)(ii) may not be carried out without consent if the health provider knows the adult objects to the health care unless—

the adult has minimal or no understanding of 1 or both of the following—

what the health care involves;

why the health care is required; and

the health care is likely to cause the adult—

no distress; or

temporary distress that is outweighed by the benefit to the adult of the health care.

The health provider must certify in the adult’s clinical records as to the various things enabling the health care to be carried out because of this section.

In this section—health care, of an adult, does not include withholding or withdrawal of a life-sustaining measure for the adult.