Guardianship and Administration Act 1995

A person responsible for a person to whom this Part applies may consent to the carrying out of medical or dental treatment, other than special treatment, on that person if the person responsible – is satisfied that the person to whom this Part applies is incapable of giving consent; and is satisfied that the medical or dental treatment would promote the personal and social well-being of that person; and in making that decision, takes into account the matters specified in subsection (2).

For the purposes of subsection (1)(c), matters to be taken into account by the person responsible include – the wishes, directions, preferences and values of that person (including those expressed in an advance care directive), so far as they can be ascertained; and the consequences to that person if the proposed treatment is not carried out; and any alternative treatment available to that person; and the nature and degree of any significant risks associated with the proposed treatment or any alternative treatment; and subject to subsection (3), that the treatment is to be carried out only to promote and maintain the health and well-being of that person; and in the case of proposed medical or dental treatment that is an intimate forensic procedure or a non-intimate forensic procedure – that a police officer or registered practitioner suspects that that person is a victim of a crime; and that a police officer or registered practitioner has requested the treatment be carried out in relation to that person because the officer or practitioner suspects that that person is a victim of a crime; and any other matters prescribed by the regulations.

Subsection (2)(e) does not apply to medical or dental treatment that is an intimate forensic procedure or a non-intimate forensic procedure.