Queensland Consolidated Acts

GUARDIANSHIP AND ADMINISTRATION ACT 2000 - SECT 11C

11C Health care principles

(1) The principles (the
"health care principles" ) set out below must be applied by a person or other entity that performs a function or exercises a power under this Act for a health matter or a special health matter.

(2) Also, an entity authorised by an Act to make a decision for an adult about prescribed special health care must apply the health care principles.

(3) For subsection (2) , the health care principles and the general principles apply as if a reference in the principles to performing a function or exercising a power under this Act were a reference to making a decision about prescribed special health care under the Act under which the decision is to be made.
Health care principles

1 Application of general principles
A person or other entity that performs a function or exercises a power under this Act, for a health matter or a special health matter in relation to an adult, must also apply the general principles.

2 Same human rights and fundamental freedoms
In applying general principle 2 to a health matter or special health matter—

(a) the principle of non-discrimination requires that all adults be offered appropriate health care, including preventative care, without regard to a particular adult’s capacity; and

(b) any consent to, or refusal of, health care for an adult must take into account the principles of respect for inherent dignity and worth, individual autonomy (including the freedom to make one’s own choices) and independence of persons.

3 Performance of functions and exercise of powers
In applying general principles 9 and 10 to a health matter or special health matter, a person or other entity, in performing a function or exercising a power under this Act in relation to an adult, must take into account—

(a) information given by the adult’s health provider; and

(b) if the adult has a medical condition—

(i) the nature of the adult’s medical condition; and

(ii) the adult’s prognosis; and

(c) if particular health care is proposed, any alternative health care that is available; and

(d) the nature and degree of any significant risks associated with the proposed health care or any alternative health care; and

(e) whether the proposed health care can be postponed because a better health care option may become available within a reasonable time or the adult is likely to become capable of making the adult’s own decision about the health care; and

(f) the consequences for the adult if the proposed health care is not carried out; and

(g) a consideration of the benefits versus the burdens of the proposed health care; and

(h) the effect of the proposed health care on the adult’s dignity and autonomy.

4 Substituted judgement
For applying general principle 10(4) to a health matter or special health matter, the views and wishes of an adult expressed when the adult had capacity may also be expressed—

(a) in an advance health directive; or

(b) by a consent to, or refusal of, health care given at a time when the adult had capacity to make decisions about the health care.