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Guidelines and Policies

Substitute Decision Making Guidelines NSW
NSW Guardianship Tribunal
Guidelines on what substitute consent is and when, under the Guardianship Act, it is required.

Legislation

Australian Guardianship and Administration Council

Guardianship Act 1987 NSW
NSW Parliament
The Act regards the guardianship of persons who have a disability and the authority of guardians, where necessary, to consent to medical treatment.

Guardianship and Administration Act 2000
Queensland Parliamentary Counsel

Guardianship and Administration Laws across Australia [PDF]
Intellectual Disability Rights Service

Guardianship and Administrators
Aged Care Australia – Australian Government Department of Health and Ageing

Guardianship Board
South Australian Government

Guardianship Regulation 2005 NSW
NSW Government
Provides regulations regarding consent under the Guardianship Act for certain types of medical treatment and the keeping of records.

Guardianship Tribunal NSW
The Tribunal exercises a protective jurisdiction and facilitates substitute decision making by hearing and determining applications for the appointment of guardians and financial managers for adults with decision-making disabilities. it can also provide consent to medical or dental treatment or approve a clinical trial so that people with a decision making disability can take part.

Guardianship Tribunal Information – Person Responsible [PDF]  NSW
NSW Guardianship Tribunal
Under the Guardianship legislation, if a person is unable to consent to treatment a person responsible can consent in their place. This fact sheet outlines who is the person responsible and their role and responsibilities.

Victorian Civil and Administration Tribunal Vic
VCAT can appoint guardians and administrators for people with a decision-making disability and can consent to certain types of medical treatment.

Toolkits and Protocols

Consent to Medical Treatment – Patient Information NSW
NSW Health
Requirements for the provision of information to patients and obtaining consent to medical treatment.

Making Decisions for Others: The Principles of Substitute Decision-Making
St. Joseph’s Health Care, London

Model Code of Ethics for Guardians [PDF]
National Guardianship Association

The International Guardianship Network (IGN)
The International Guardianship Network (IGN) is a non-profit and non-government organisation

Papers, Reports and Books

Patients’ perspectives of the substitute decision maker: who makes better decisions?
Mirzaei K, Milanifar A, Asghari F. J Med Ethics (2011)

Cases

FM (Review Guardianship and Medical Consent) [2012] TASGAB 24
Limits on consent – administration of drugs to control behaviour.

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