Document ID: chunk:federal_register_of_legislation:C2025C00099:section:6:p1
Version: federal_register_of_legislation:C2025C00099
Segment Type: section
Provision Reference: s 6 (pt 1/2)
Character Range: 32438–35181

6  Definition of authorised representative of a healthcare recipient

Healthcare recipients aged under 14
 (1) For the purposes of this Act, each person who the System Operator is satisfied has parental responsibility for a healthcare recipient aged under 14 is the authorised representative of the healthcare recipient.
 (1A) Despite subsection (1), a person who has parental responsibility for a healthcare recipient aged under 18 is not the authorised representative of the healthcare recipient if the System Operator is satisfied that:
 (a) under a court order or a law of the Commonwealth or a State or Territory, the person must be supervised while spending time with the healthcare recipient; or
 (b) the life, health or safety of the healthcare recipient or another person would be put at risk if the person were the authorised representative of the healthcare recipient.
 (2) If there is no person who the System Operator is satisfied has parental responsibility for a healthcare recipient aged under 14, or the only such persons are covered by subsection (1A), the authorised representative of the healthcare recipient is:
 (a) a person who the System Operator is satisfied is authorised to act on behalf of the healthcare recipient for the purposes of this Act under the law of the Commonwealth or a State or Territory, or a decision of an Australian court or tribunal; or
 (b) if there is no such person—a person:
 (i) who the System Operator is satisfied is otherwise an appropriate person to be the authorised representative of the healthcare recipient; or
 (ii) who is prescribed by the regulations for the purposes of this paragraph.

Healthcare recipients aged between 14 and 17
 (3) For the purposes of this Act, a person is the authorised representative of a healthcare recipient aged between 14 and 17 years if the healthcare recipient, by written notice given to the System Operator in the approved form, nominates the person to be his or her authorised representative.

Healthcare recipients aged at least 18
 (4) For the purposes of this Act, if the System Operator is satisfied that a healthcare recipient aged at least 18 is not capable of making decisions for himself or herself, the authorised representative of the healthcare recipient is:
 (a) a person who the System Operator is satisfied is authorised to act on behalf of the healthcare recipient under the law of the Commonwealth or a State or Territory or a decision of an Australian court or tribunal; or
 (b) if there is no such person—a person:
 (i) who the System Operator is satisfied is otherwise an appropriate person to be the authorised representative of the healthcare recipient; or
 (ii) who is prescribed by the regulations for the purposes of this