Western Australian Current Acts Western Australian Current Acts (1) On hearing an
application under section 110ZNB(1), the State Administrative Tribunal may, by
order in writing, consent to performance of the abortion on the person if the
Tribunal is satisfied that —
(a) the
person has reached 18 years of age; and
(b) the
person is unable to make reasonable judgments in respect of whether or not the
abortion should be performed on them; and
(c) the
person has not made an advance health directive containing a treatment
decision that is inconsistent with the performance of the abortion on the
person; and
(d) the
performance of the abortion on the person is in the best interests of the
person.
(2) Without limiting
subsection (1)(d), in deciding whether the performance of the abortion on the
person is in the best interests of the person, the Tribunal must take into
account —
(a)
whether the person is likely within the foreseeable future to regain the
ability to make reasonable judgments in respect of whether or not the abortion
should be performed on them; and
(b) any
wishes of the person so far as they can be ascertained.
(3) The consent of the
State Administrative Tribunal under this section may be given subject to
compliance with any condition that the Tribunal considers appropriate.
[Section 110ZND inserted: No. 20 of 2023 s. 53.]
[Heading inserted: No. 14 of 2020 s. 12.]
[Heading inserted: No. 14 of 2020 s. 12.]