43Consent by persons responsible

### 43 Consent by persons responsible > > (1)  [*\[Section 43 Subsection (1) substituted by No. 21 of 2023, s. 39, Applied:01 Sep 2024\]*](/view/html/inforce/2024-09-01/act-2023-021#GS39@EN) A person responsible for a person to whom this Part applies may consent to the carrying out of medical or dental treatment, other than special treatment, on that person if the person responsible – > > > > > > (a) is satisfied that the person to whom this Part applies is incapable of giving consent; and > > > > > > > (b) is satisfied that the medical or dental treatment would promote the personal and social well-being of that person; and > > > > > > > (c) in making that decision, takes into account the matters specified in [subsection (2)](#GS43@Gs2@EN) . > > > (2)  [*\[Section 43 Subsection (2) amended by No. 21 of 2023, s. 40, Applied:01 Sep 2024\]*](/view/html/inforce/2024-09-01/act-2023-021#GS40@Hpa@EN) [*\[Section 43 Subsection (2) amended by No. 30 of 2015, s. 6, Applied:06 Oct 2015\]*](/view/html/inforce/2015-10-06/act-2015-030#GS6@Hpa@EN) For the purposes of [subsection (1)(c)](#GS43@Gs1@Hpc@EN) , matters to be taken into account by the person responsible include – > > > > > > (a) [*\[Section 43 Subsection (2) amended by No. 15 of 2021, s. 18, Applied:21 Nov 2022\]*](/view/html/inforce/2022-11-21/act-2021-015#GS18@Hpb@EN) [*\[Section 43 Subsection (2) amended by No. 15 of 2021, s. 18, Applied:21 Nov 2022\]*](/view/html/inforce/2022-11-21/act-2021-015#GS18@Hpa@EN) the wishes, directions, preferences and values of that person (including those expressed in an advance care directive), so far as they can be ascertained; and > > > > > > > (b) the consequences to that person if the proposed treatment is not carried out; and > > > > > > > (c) any alternative treatment available to that person; and > > > > > > > (d) the nature and degree of any significant risks associated with the proposed treatment or any alternative treatment; and > > > > > > > (e) [*\[Section 43 Subsection (2) amended by No. 21 of 2023, s. 40, Applied:01 Sep 2024\]*](/view/html/inforce/2024-09-01/act-2023-021#GS40@Hpc@EN) [*\[Section 43 Subsection (2) amended by No. 21 of 2023, s. 40, Applied:01 Sep 2024\]*](/view/html/inforce/2024-09-01/act-2023-021#GS40@Hpb@EN) subject to [subsection (3)](#GS43@Gs3@EN) , that the treatment is to be carried out only to promote and maintain the health and well-being of that person; and > > > > > > > (ea) [*\[Section 43 Subsection (2) amended by No. 30 of 2015, s. 6, Applied:06 Oct 2015\]*](/view/html/inforce/2015-10-06/act-2015-030#GS6@Hpb@EN) in the case of proposed medical or dental treatment that is an intimate forensic procedure or a non-intimate forensic procedure – > > > > > > > > > > (i) that a police officer or registered practitioner suspects that that person is a victim of a crime; and > > > > > > > > > > > (ii) that a police officer or registered practitioner has requested the treatment be carried out in relation to that person because the officer or practitioner suspects that that person is a victim of a crime; and > > > > > > > (f) any other matters prescribed by the regulations. > > > (3)  [*\[Section 43 Subsection (3) inserted by No. 30 of 2015, s. 6, Applied:06 Oct 2015\]*](/view/html/inforce/2015-10-06/act-2015-030#GS6@Hpc@EN) [Subsection (2)(e)](#GS43@Gs2@Hpe@EN) does not apply to medical or dental treatment that is an intimate forensic procedure or a non-intimate forensic procedure.