Guardianship and Administration Act 1990

Subsection (2) applies if —

a patient needs urgent treatment; and

the patient is unable to make reasonable judgments in respect of the treatment; and

it is not practicable for the health professional who proposes to provide the treatment to determine whether or not the patient has made an advance health directive containing a treatment decision that is inconsistent with providing the treatment; and

it is not practicable for the health professional to obtain —

in any case other than the performance of an abortion on the patient — a treatment decision in respect of the treatment from the patient’s guardian or enduring guardian or the person responsible for the patient under section 110ZD, as referred to in section 110ZJ; or

in the case of the performance of an abortion on the patient — a decision of the State Administrative Tribunal under Division 3 Subdivision 2 in respect of the performance of the abortion, as referred to in section 110ZLA(3).

The health professional may provide the treatment to the patient —

in the case referred to in subsection (1)(d)(i) — in the absence of a treatment decision in relation to the patient from the patient’s guardian or enduring guardian or the person responsible for the patient; or

in the case referred to in subsection (1)(d)(ii) — in the absence of a decision of the State Administrative Tribunal under Division 3 Subdivision 2.