Guardianship and Administration Act 1990

In this section —

a treatment decision in respect of the performance of an abortion on the person, contained in an advance health directive made by the person; or

a decision of the State Administrative Tribunal under Division 3 Subdivision 2 in respect of the person;

Subsection (3) applies if a health professional —

takes abortion action —

reasonably believing that the person is unable to make reasonable judgments in respect of the abortion action; and

relying in good faith on what is purportedly an abortion treatment decision in respect of the person;

takes abortion action —

in circumstances where it is reasonable for the health professional to rely on some other health professional having ascertained whether the taking of the abortion action is in accordance with an abortion treatment decision in respect of the person; and

reasonably assuming that some other health professional has ascertained that the taking of the abortion action is in accordance with an abortion treatment decision in respect of the person.

The health professional is taken for all purposes to take the abortion action in accordance with a treatment decision that has effect as if —

it had been made by the person; and

the person were of full legal capacity.

Without limiting subsection (3), a health professional who takes abortion action as referred to in subsection (2) does not commit an offence under section 110ZLB.

For subsection (2)(a)(ii), a health professional is taken to have relied in good faith on what was purportedly an abortion treatment decision if, after considering whether or not to rely on it, the health professional acted honestly in relying on it.

For the purpose of determining under subsection (2)(b)(ii) whether the health professional’s assumption was reasonable, the following matters must be taken into account —

whether the health professional sighted any written evidence that some other health professional had ascertained that the taking of the abortion action was in accordance with the abortion treatment decision;

anything else relevant to the determination.