News - Government

The ACT Attorney General, Simon Corbell, has released a discussion paper canvassing legislation options to address the role of family members and relatives in the giving of consent for providing, withholding or withdrawing medical treatment to patients who do not have the capacity to make decisions for themselves.

The discussion paper Consenting to Treatment is available for public comment until 24th August, 2007.
"The ACT is one of the only jurisdictions in Australia where the right of near and dear ones to give consent to medical treatment for incompetent adults has not been clarified by statute" Mr Corbell said.

"A patient's deteriorating medical condition, or the nature of injuries sustained for example in a motor vehicle accident, may lead to the patient not having the mental capacity to consent to treatment that is advised by medical personnel. Under common law, medical practitioners can legally give urgent treatment without needing consent. However, in relation to other treatment, consent of the patient (or someone else on behalf of the patient) is needed.
"Legislation of this type would complement laws recently passed in the ACT concerning powers of attorney and health directions.

 

"Currently, if an attorney is not appointed, or is unavailable, the Public Advocate can be appointed by the Guardianship Tribunal as an emergency guardian for giving consent to treatment to an incompetent patient.   I can understand how family members, when they are available, would feel disturbed at being apparently bypassed when they learn that they cannot consent to treatment for their relatives."

"The discussion paper covers important matters and I look forward to receiving submissions about these from the community."

The discussion paper Consenting to Treatment: Developing an ACT Legislative Framework for Giving Consent to Providing, Withholding or Withdrawing Medical Treatment to an Incompetent Adult is available at www.jcs.act.gov.au or by contacting the ACT Department of Justice and Community Safety on 620 70583 or 620 70687.

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