45Consent of Tribunal

45 Consent of Tribunal

(1)  [Section 45 Subsection (1) amended by No. 18 of 2021, s. 138, Applied:05 Nov 2021] [Section 45 Subsection (1) substituted by No. 21 of 2023, s. 40, Applied:01 Sep 2024] On hearing an application for its consent to the carrying out of medical or dental treatment on a person, the Tribunal may consent to the carrying out of the medical or dental treatment if the Tribunal –

(a) is satisfied that the medical or dental treatment is otherwise lawful; and

(b) is satisfied that the person is incapable of giving consent; and

(c) is satisfied that the medical or dental treatment would promote the personal and social well-being of the person; and

(d) in making that decision, takes into account the matters specified in subsection (2) .

(2)  [Section 45 Subsection (2) amended by No. 21 of 2023, s. 41, Applied:01 Sep 2024] [Section 45 Subsection (2) amended by No. 18 of 2021, s. 138, Applied:05 Nov 2021] For the purposes of subsection (1)(d) , matters to be taken into account by the Tribunal include –

(a) [Section 45 Subsection (2) amended by No. 15 of 2021, s. 19, Applied:21 Nov 2022] the wishes, directions, preferences and values of the 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) whether the proposed treatment can be postponed on the ground that better treatment may become available and whether that person is likely to become capable of consenting to the treatment; and

(e) in the case of transplantation of tissue, the relationship between the 2 persons concerned; and