Guardianship and Administration Act 1990

On hearing an application under section 110ZNB(1), the State Administrative Tribunal may, by order in writing, consent to performance of the abortion on the person if the Tribunal is satisfied that —

the person has reached 18 years of age; and

the person is unable to make reasonable judgments in respect of whether or not the abortion should be performed on them; and

the person has not made an advance health directive containing a treatment decision that is inconsistent with the performance of the abortion on the person; and

the performance of the abortion on the person is in the best interests of the person.

Without limiting subsection (1)(d), in deciding whether the performance of the abortion on the person is in the best interests of the person, the Tribunal must take into account —

whether the person is likely within the foreseeable future to regain the ability to make reasonable judgments in respect of whether or not the abortion should be performed on them; and

any wishes of the person so far as they can be ascertained.

The consent of the State Administrative Tribunal under this section may be given subject to compliance with any condition that the Tribunal considers appropriate.