11Decision-making ability

### 11 Decision-making ability > [*\[Section 11 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001\]*](/view/html/inforce/2001-05-01/act-2000-086#JS1@Ja66@GC2@Hpb@EN) [*\[Section 11 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001\]*](/view/html/inforce/2001-05-01/act-2000-086#JS1@Ja66@GC2@Hpa@EN) [*\[Section 11 Subsection (1) amended by No. 4 of 2000, s. 5, Applied:28 Apr 2000\]*](/view/html/inforce/2000-04-28/act-2000-004#GS5@Hpa@EN) [*\[Section 11 Subsection (4) amended by No. 43 of 2006, s. 24, Applied:18 Dec 2006\]*](/view/html/inforce/2006-12-18/act-2006-043#GS24@Hpa@EN) [*\[Section 11 Subsection (8) amended by No. 4 of 2000, s. 5, Applied:28 Apr 2000\]*](/view/html/inforce/2000-04-28/act-2000-004#GS5@Hpb@EN) [*\[Section 11 Subsection (12) amended by No. 80 of 2001, Sched. 1, Applied:01 Jul 2002\]*](/view/html/inforce/2002-07-01/act-2001-080#JS1@Ja9@GC1@EN) [*\[Section 11 Subsection (13) inserted by No. 43 of 2006, s. 24, Applied:18 Dec 2006\]*](/view/html/inforce/2006-12-18/act-2006-043#GS24@Hpb@EN) [*\[Section 11 Subsection (14) inserted by No. 43 of 2006, s. 24, Applied:18 Dec 2006\]*](/view/html/inforce/2006-12-18/act-2006-043#GS24@Hpb@EN) [*\[Section 11 Subsection (15) inserted by No. 43 of 2006, s. 24, Applied:18 Dec 2006\]*](/view/html/inforce/2006-12-18/act-2006-043#GS24@Hpb@EN) [*\[Section 11 Subsection (16) inserted by No. 43 of 2006, s. 24, Applied:18 Dec 2006\]*](/view/html/inforce/2006-12-18/act-2006-043#GS24@Hpb@EN) [*\[Section 11 Subsection (17) inserted by No. 43 of 2006, s. 24, Applied:18 Dec 2006\]*](/view/html/inforce/2006-12-18/act-2006-043#GS24@Hpb@EN) [*\[Section 11 Repealed by No. 18 of 2021, s. 119, Applied:05 Nov 2021\]*](/view/html/inforce/2021-11-05/act-2021-018#GS119@EN) > > > (1)  For the purposes of this Act, an adult is taken to have decision-making ability in respect of a decision unless a person or body responsible for assessing that decision-making ability under this Act is satisfied that the adult has impaired decision-making ability in respect of that decision. > > > (2)  For the purposes of this Act, an adult has impaired decision-making ability in respect of a decision if the adult is unable, even with the provision of access to practicable and appropriate support, to – > > > > > > (a) understand information relevant to the decision; or > > > > > > > (b) retain information relevant to the decision for a sufficient time to make and consistently communicate the decision; or > > > > > > > (c) use or weigh information relevant to the decision; or > > > > > > > (d) communicate the decision (whether by speech, gesture or other means). > > > (3)  For the purposes of this Act, a child is taken to have impaired decision-making ability in respect of a decision unless a registered health practitioner is satisfied that the child has decision-making ability in respect of that decision. > > > (4)  For the purposes of this Act, a child has decision-making ability in respect of a decision if the child – > > > > > > (a) is sufficiently mature to make the decision; and > > > > > > > (b) is able to – > > > > > > > > > > (i) understand information relevant to the decision; and > > > > > > > > > > > (ii) retain information relevant to the decision for a sufficient time to make and consistently communicate the decision; and > > > > > > > > > > > (iii) use or weigh information relevant to the decision; and > > > > > > > > > > > (iv) communicate the decision (whether by speech, gesture or other means), including with the provision of support. > > > (5)  For the purposes of this Act – > > > > > > (a) a person may be taken to understand information relevant to a decision if it reasonably appears, to the person assessing that person’s decision-making ability, that the person is able to understand an explanation, of the nature and consequences of the decision, given in a way that is appropriate to the person’s circumstances (whether by words, signs or other means); and > > > > > > > (b) a person may fluctuate between having impaired decision-making ability and decision-making ability in respect of a decision.