Public Advocate has the same meaning as it has in the Guardianship and Administration Act 1986; registered health practitioner has the same meaning as it has in the Health Practitioner Regulation National Law; relevant human research ethics committee in relation to a medical research procedure means the human research ethics committee responsible for approving the relevant research project; relevant research project in relation to a medical research procedure means the research project for the purposes of which the procedure is administered; routine treatment means any medical treatment other than significant treatment; Secretary means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health and Human Services; significant treatment means any medical treatment of a person that involves any of the following— significant degree of bodily intrusion; significant risk to the person; side effects; distress to the person; special medical procedure has the same meaning as it has in the Guardianship and Administration Act 1986;
spouse of a person means a person to whom the person is married; support person means a person appointed under Division 3 of Part 3; treatment for mental illness means the following— that are done in the course of the exercise of professional skills— (i) to remedy a person's mental illness; or (ii) to alleviate the symptoms and reduce the ill effects of a person's mental illness; treatment; for mental illness; Tribunal means the Mental Health Tribunal established under section 152 of the Mental Health Act 2014; unprofessional conduct has the same meaning as it has in the Health Practitioner Regulation National Law; values directive has the meaning given by sections 6 and 12. (2) For the purposes of the definition of domestic partner in subsection (1)— relationship has the same meaning as it has in the Relationships Act 2008; and
relevant research project has been approved by the relevant human research ethics committee; and to section 53— person has consented to the procedure being administered under an instructional directive; or (ii) if there is no relevant instructional directive, the person's medical treatment decision maker has consented to the procedure being administered; or (iii) if the person does not have a medical treatment decision the procedure is authorised under Division 3. 76 Medical research procedure to be administered in accordance with approval A medical research procedure must be administered in accordance with the relevant research ethics committee approval, including any conditions of that approval. 77 Consent of medical treatment decision maker (1) A person's medical treatment decision may consent to the administration of a medical research procedure to the person if the medical treatment decision maker reasonably believes that the person would have consented to the procedure if the person had decision-making capacity.
(1) If a medical treatment decision maker or a support person is appointed in another State or a Territory and the appointment complies with the requirements of that other State or the Territory then, to the extent that the powers the instrument of appointment gives could validly have been given by an appointment under Part 3, the appointment is taken to be an appointment of an appointed medical treatment decision maker or support person (as the case may be). (2) This section applies whether the appointment is made before, on or after the commencement of this section. 97 Unlawful terms Despite sections 95 and 96, a term of an instrument in the nature of an advance care directive or appointment of an appointed medical treatment decision maker or a support person that would be unlawful under this Act is void and of no effect. 98 Record keeping requirements (1) The operator of a health facility must take reasonable steps to ascertain whether either of the following is in force in relation to any patient in the facility— advance care directive; appointment of an appointed medical treatment decision maker or a support person. (2) If the operator of a health facility ascertains that a patient in the facility has an advance care directive, the health facility must take reasonable
Division amendments 116 Definitions In section 3(1) of the Mental Health Act 2014— the definition of medical treatment substitute— "medical treatment has the same meaning as it has in the Medical Treatment Planning and Decisions Act 2016, but does not include treatment;"; the definition of Tribunal, for "152." substitute "152;"; the following definitions— "instructional directive has the same meaning as it has in the Medical Treatment Planning and Decisions Act 2016; medical treatment decision maker has the same meaning as it has in the Medical Treatment Planning and Decisions Act 2016; support person has the same meaning as it has in the Medical Treatment Planning and Decisions Act 2016; values directive has the same meaning as it has in the Medical Treatment Planning and Decisions Act 2016.". 117 What is medical treatment? Section 7 of the Mental Health Act 2014 is repealed. 118 Meaning of informed consent
150 Definitions In section 3(1) of the Powers of Attorney Act 2014— the following definitions— "medical treatment has the same meaning as it has in the Medical Treatment Planning and Decisions Act 2016; medical research procedure has the same meaning as it has in the Medical Treatment Planning and Decisions Act 2016;"; the definition of personal matter, after "affairs" (where secondly occurring) insert ", but does not include any matter that relates to medical treatment or medical research procedures"; the examples at the foot of the definition of personal matter— paragraph (e), for "dress;" substitute "dress."; (ii) paragraph (f) is repealed; the examples at the foot of the definition of personal matter insert the following note— "Note See the Medical Treatment Planning and Decisions Act 2016 for matters relating to medical treatment and medical research procedures.". 151 Power to make and scope of appointment