Declared Places (Mental Impairment) Act 2015

In this section —

medical or surgical treatment, including —

a life sustaining measure; and

palliative care;

dental treatment; or

other health care;

The CEO may make a treatment decision in respect of a resident’s treatment if —

the resident needs treatment; and

the resident is unable to make reasonable judgments in respect of the treatment proposed to be provided to the resident; and

there is no person who —

at law may make a treatment decision in respect of the treatment; and

is reasonably available; and

is willing to make a treatment decision in respect of the treatment.

When making a treatment decision in respect of a resident’s treatment the CEO must act according to the CEO’s opinion of the best interests of the resident.

After making a treatment decision in respect of a resident’s treatment the CEO must take such action as the CEO considers appropriate in relation to the appointment of a guardian to make treatment decisions for the resident.

The CEO must ensure, if a health professional provides urgent treatment to a resident in accordance with the GAA Act section 110ZI, that there is recorded in the resident’s file —

details of the treatment; and

why it was not practicable for the health professional to obtain a treatment decision in respect of the treatment from the resident’s guardian or enduring guardian or the person responsible for the resident as a patient under the GAA Act section 110ZD.

The CEO must ensure, if a health professional provides urgent treatment to a resident in accordance with the GAA Act section 110ZI or 110ZIA, that the resident’s guardian or enduring guardian or the person responsible for the resident as a patient under the GAA Act section 110ZD is informed of the treatment.