45Consent of Tribunal

### 45 Consent of Tribunal > > (1)  [*\[Section 45 Subsection (1) amended by No. 18 of 2021, s. 138, Applied:05 Nov 2021\]*](/view/html/inforce/2021-11-05/act-2021-018#GS138@Hpa@EN) [*\[Section 45 Subsection (1) substituted by No. 21 of 2023, s. 40, Applied:01 Sep 2024\]*](/view/html/inforce/2024-09-01/act-2023-021#GS40@Hpd@EN) 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)](#GS45@Gs2@EN) . > > > (2)  [*\[Section 45 Subsection (2) amended by No. 21 of 2023, s. 41, Applied:01 Sep 2024\]*](/view/html/inforce/2024-09-01/act-2023-021#GS41@Hpa@EN) [*\[Section 45 Subsection (2) amended by No. 18 of 2021, s. 138, Applied:05 Nov 2021\]*](/view/html/inforce/2021-11-05/act-2021-018#GS138@Hpb@EN) For the purposes of [subsection (1)(d)](#GS45@Gs1@Hpd@EN) , matters to be taken into account by the Tribunal include – > > > > > > (a) [*\[Section 45 Subsection (2) amended by No. 15 of 2021, s. 19, Applied:21 Nov 2022\]*](/view/html/inforce/2022-11-21/act-2021-015#GS19@Hpa@EN) 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 > > > > > > > (ea) [*\[Section 45 Subsection (2) amended by No. 30 of 2015, s. 7, Applied:06 Oct 2015\]*](/view/html/inforce/2015-10-06/act-2015-030#GS7@EN) in the case of proposed medical or dental treatment that is an intimate forensic procedure or a non-intimate forensic procedure, where a police officer or registered practitioner suspects that that person is a victim of a crime – > > > > > > > > > > (i) that a police officer or registered practitioner reasonably believes that the person responsible for that person may have committed the crime of which that person is suspected of being a victim; or > > > > > > > > > > > (ii) that a police officer or registered practitioner reasonably believes that that person's interests would not be protected if the consent of a person responsible is sought; and > > > > > > > (f) any other matters prescribed by the regulations. > > > (3)  [*\[Section 45 Subsection (3) amended by No. 15 of 2021, s. 19, Applied:21 Nov 2022\]*](/view/html/inforce/2022-11-21/act-2021-015#GS19@Hpb@EN) [*\[Section 45 Subsection (3) amended by No. 18 of 2021, s. 138, Applied:05 Nov 2021\]*](/view/html/inforce/2021-11-05/act-2021-018#GS138@Hpc@EN) [*\[Section 45 Subsection (3) amended by No. 4 of 2000, s. 10, Applied:28 Apr 2000\]*](/view/html/inforce/2000-04-28/act-2000-004#GS10@Hpa@EN) Subject to [subsection (4)](#GS45@Gs4@EN) , a decision of the Tribunal to give its consent to medical or dental treatment has no effect until the period of appeal under [section 137 of the](/view/html/inforce/2026-04-12/act-2020-024#GS137@EN) [Tasmanian Civil and Administrative Tribunal Act 2020](/view/html/inforce/2026-04-12/act-2020-024) has expired or, if an appeal has been instituted, it is set aside, withdrawn or dismissed. > > > (4)  [*\[Section 45 Subsection (4) amended by No. 18 of 2021, s. 138, Applied:05 Nov 2021\]*](/view/html/inforce/2021-11-05/act-2021-018#GS138@Hpf@EN) [*\[Section 45 Subsection (4) inserted by No. 4 of 2000, s. 10, Applied:28 Apr 2000\]*](/view/html/inforce/2000-04-28/act-2000-004#GS10@Hpb@EN) If – > > > > > > (a) [*\[Section 45 Subsection (4) amended by No. 18 of 2021, s. 138, Applied:05 Nov 2021\]*](/view/html/inforce/2021-11-05/act-2021-018#GS138@Hpd@EN) an application for the consent of the Tribunal for the carrying out of medical or dental treatment on a person has been made under [section 44](#GS44@EN) ; and > > > > > > > (b) [*\[Section 45 Subsection (4) amended by No. 18 of 2021, s. 138, Applied:05 Nov 2021\]*](/view/html/inforce/2021-11-05/act-2021-018#GS138@Hpe@EN) the Tribunal considers that the treatment is urgent – > > > > the Tribunal may give its consent for the treatment to be carried out immediately.