Victorian Numbered Acts

MEDICAL TREATMENT PLANNING AND DECISIONS ACT 2016 (NO. 69 OF 2016) - SECT 53

    (1)     Subject to subsection (2), a health practitioner may administer medical treatment (other than electroconvulsive treatment) or a medical research procedure to a person without consent under this Part or without consent or authorisation under Part 5 if the practitioner believes on reasonable grounds that the medical treatment or medical research procedure is necessary, as a matter of urgency to—

        (a)     save the person's life; or

        (b)     prevent serious damage to the person's health; or

        (c)     prevent the person from suffering or continuing to suffer significant pain or distress.

    (2)     A health practitioner is not permitted to administer medical treatment or a medical research procedure to a person under subsection (1) if the practitioner is aware that the person has refused the particular medical treatment or procedure, whether by way of an instructional directive or a legally valid and informed refusal of treatment by or under another form of informed consent.

    (3)     Nothing in subsection (2) requires a health practitioner to search for an advance care directive that is not readily available to the practitioner if the circumstances set out in subsection (1) apply to the person to whom medical treatment or a medical research procedure is being administered.