Western Australian Current Acts Western Australian Current Acts (1) Subsection (2)
applies if —
(a) a
patient needs urgent treatment; and
(b) the
patient is unable to make reasonable judgments in respect of the treatment;
and
(c) it
is not practicable for the health professional who proposes to provide the
treatment to determine whether or not the patient has made an advance health
directive containing a treatment decision that is inconsistent with providing
the treatment; and
(d) it
is not practicable for the health professional to obtain —
(i)
in any case other than the performance of an abortion on
the patient — a treatment decision in respect of the treatment from the
patient’s guardian or enduring guardian or the person responsible for
the patient under section 110ZD, as referred to in section 110ZJ; or
(ii)
in the case of the performance of an abortion on the
patient — a decision of the State Administrative Tribunal under Division
3 Subdivision 2 in respect of the performance of the abortion, as referred to
in section 110ZLA(3).
(2) The health
professional may provide the treatment to the patient —
(a) in
the case referred to in subsection (1)(d)(i) — in the absence of a
treatment decision in relation to the patient from the patient’s
guardian or enduring guardian or the person responsible for the patient; or
(b) in
the case referred to in subsection (1)(d)(ii) — in the absence of a
decision of the State Administrative Tribunal under Division 3 Subdivision 2.
[Section 110ZI inserted: No. 25 of 2008 s. 11;
amended: No. 20 of 2023 s. 46.]