36Application of Part 6

### 36 Application of Part 6 > > (1)  [*\[Section 36 Subsection (1) substituted by No. 21 of 2023, s. 36, Applied:01 Sep 2024\]*](/view/html/inforce/2024-09-01/act-2023-021#GS36@Hpb@EN) This Part applies to a person who – > > > > > > (a) has impaired decision-making ability in respect of decisions relating to the carrying out of medical or dental treatment on that person; and > > > > > > > (b) is incapable of indicating whether or not the person consents or refuses to consent to the carrying out of that treatment – > > > > whether or not that person is a represented person. > > > (2)  For the purposes of [subsection (1)](#GS36@Gs1@EN) , a person is incapable of giving consent to the carrying out of medical or dental treatment if the person  – > > > > > > (a) is incapable of understanding the general nature and effect of the proposed treatment; or > > > > > > > (b) is incapable of indicating whether or not he or she consents or does not consent to the carrying out of the treatment. > > > (3)  [*\[Section 36 Subsection (3) inserted by No. 15 of 2021, s. 16, Applied:21 Nov 2022\]*](/view/html/inforce/2022-11-21/act-2021-015#GS16@EN) For the purposes of [subsection (1)](#GS36@Gs1@EN) , a person is capable of giving consent to the carrying out of medical or dental treatment if – > > > > > > (a) the person has given an advance care directive; and > > > > > > > (b) the medical or dental treatment is carried out pursuant to that advance care directive in accordance with a consent given or refused under Part 5A.