Guardianship and Administration Act 1995

For the purposes of this Act, an adult is taken to have decision-making ability in respect of a decision unless a person or body responsible for assessing that decision-making ability under this Act is satisfied that the adult has impaired decision-making ability in respect of that decision.

For the purposes of this Act, an adult has impaired decision-making ability in respect of a decision if the adult is unable, even with the provision of access to practicable and appropriate support, to – understand information relevant to the decision; or retain information relevant to the decision for a sufficient time to make and consistently communicate the decision; or use or weigh information relevant to the decision; or communicate the decision (whether by speech, gesture or other means).

For the purposes of this Act, a child is taken to have impaired decision-making ability in respect of a decision unless a registered health practitioner is satisfied that the child has decision-making ability in respect of that decision.

For the purposes of this Act, a child has decision-making ability in respect of a decision if the child – is sufficiently mature to make the decision; and is able to – understand information relevant to the decision; and retain information relevant to the decision for a sufficient time to make and consistently communicate the decision; and use or weigh information relevant to the decision; and communicate the decision (whether by speech, gesture or other means), including with the provision of support.

For the purposes of this Act – a person may be taken to understand information relevant to a decision if it reasonably appears, to the person assessing that person’s decision-making ability, that the person is able to understand an explanation, of the nature and consequences of the decision, given in a way that is appropriate to the person’s circumstances (whether by words, signs or other means); and a person may fluctuate between having impaired decision-making ability and decision-making ability in respect of a decision.