Victorian Numbered Acts

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MEDICAL TREATMENT PLANNING AND DECISIONS ACT 2016 (NO. 69 OF 2016) - SECT 59

Consent if person is likely to recover within a reasonable time

If a health practitioner proposes to administer medical treatment to a person and the person does not have decision-making capacity in relation to the medical treatment decision but is likely to recover decision-making capacity for that decision within a reasonable time, the health practitioner may only administer the medical treatment before the person recovers decision-making capacity if—

        (a)     the medical treatment

              (i)     is in accordance with any relevant instructional directive; or

              (ii)     has been consented to by the person's medical treatment decision maker; and

        (b)     the health practitioner reasonably believes that a further delay in carrying out the medical treatment would result in a significant deterioration of the person's condition.



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