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] 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) .

(2)  [Section 43 Subsection (2) amended by No. 21 of 2023, s. 40, Applied:01 Sep 2024] [Section 43 Subsection (2) amended by No. 30 of 2015, s. 6, Applied:06 Oct 2015] For the purposes of subsection (1)(c) , 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] [Section 43 Subsection (2) amended by No. 15 of 2021, s. 18, Applied:21 Nov 2022] 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] subject to , that the treatment is to be carried out only to promote and maintain the health and well-being of that person; and