Effect of adult’s objection to health care
67 Effect of adult’s objection to health care
Generally, the exercise of power for a health matter or special health matter is ineffective to give consent to health care of an adult if the health provider knows, or ought reasonably to know, the adult objects to the health care.
Note—Object is defined in schedule 4 (Dictionary). Note also the Powers of Attorney Act 1998, section 35(2)(a) (Advance health directives) provides that ‘by an advance health directive [a] principal may give a direction—
consenting, in the circumstances specified, to particular future health care of the principal when necessary and despite objection by the principal when the health care is provided’.
However, the exercise of power for a health matter or special health matter is effective to give consent to the health care despite an objection by the adult to the health care if—
the adult has minimal or no understanding of 1 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 proposed health care.
Subsection (2) does not apply to the following health care—
removal of tissue for donation;
participation in special medical research or experimental health care or approved clinical research.
This Act’s bill:Explanatory memorandum
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