Victorian Numbered Acts Victorian Numbered Acts(1) For the purposes of treatment or medical treatment that is given in accordance with this Act, a person gives informed consent if the person—
(a) has the capacity to give informed consent to the treatment or medical treatment proposed; and
(b) has been given adequate information to enable the person to make an informed decision; and
(c) has been given a reasonable opportunity to make the decision; and
(d) has given consent freely without undue pressure or coercion by any other person; and
(e) has not withdrawn consent or indicated any intention to withdraw consent.
(2) For the purposes of subsection (1)(b), a person has been given adequate information to make an informed decision if the person has been given—
(a) an explanation of the proposed treatment or medical treatment including—
(i) the purpose of the treatment or medical treatment; and
(ii) the type, method and likely duration of the treatment or medical treatment; and
(b) an explanation of the advantages and disadvantages of the treatment or medical treatment, including information about the associated discomfort, risks and common or expected side effects of the treatment or medical treatment; and
(c) an explanation of any beneficial alternative treatments that are reasonably available, including any information about the advantages and disadvantages of these alternatives; and
(d) answers to any relevant questions that the person has asked; and
(e) any other relevant information that is likely to influence the decision of the person; and
(f) in the case of proposed treatment, a statement of rights relevant to his or her situation.
(3) For the purposes of subsection (1)(c), a person has been given a reasonable opportunity to make a decision if, in the circumstances, the person has been given a reasonable—
(a) period of time in which to consider the matters involved in the decision; and
(b) opportunity to discuss those matters with the registered medical practitioner or other health practitioner who is proposing the treatment or medical treatment; and
(c) amount of support to make the decision; and
(d) opportunity to obtain any other advice or assistance in relation to the decision.