Australian Capital Territory Current Acts

POWERS OF ATTORNEY ACT 2006 - SECT 37

    (1)     For this Act, each of the following is a special health care matter for a principal:

        (a)     removal of non-regenerative tissue from the principal while alive for donation to someone else;

        (b)     sterilisation of the principal if the principal is, or is reasonably likely to be, fertile;

        (c)     termination of the principal's pregnancy;

        (d)     electroconvulsive therapy or psychiatric surgery;

        (e)     health care prescribed by regulation.

Note     Health care —see the dictionary.

    (2)     In this section:

"electroconvulsive therapy"—see the Mental Health Act 2015

, section 145.

health care primarily to treat organic malfunction or disease , of a principal, means health care without which an organic malfunction or disease of the principal is likely to cause serious or irreversible damage to the principal's physical health.

Examples of health care covered by par (a)

1     Health care involving sterilisation may be primarily to treat organic malfunction or disease if the principal has cancer affecting the reproductive system or cryptorchidism.

2     A procedure involving termination of a principal's pregnancy may be primarily to treat organic malfunction if the principal requires abdominal surgery for injuries sustained in an accident.

Note     Health care primarily to treat organic malfunction or disease is used in the definitions of sterilisation and termination .

"non-regenerative tissue"—see the Transplantation and Anatomy Act 1978

, dictionary.

"psychiatric surgery"—see the Mental Health Act 2015

, section 145.

"sterilisation", of a principal—

        (a)     means health care of the principal that is intended, or reasonably likely, to make the principal, or ensure the principal is, permanently infertile; but

        (b)     does not include health care primarily to treat organic malfunction or disease of the principal.

Examples of sterilisation if not primarily to treat organic malfunction or disease

1     endometrial oblation

2     hysterectomy

3     tubal ligation

4     vasectomy

"termination", of a principal's pregnancy, does not include health care primarily to treat organic malfunction or disease of the principal.