9Decision-making process

### 9 Decision-making process > [*\[Section 9 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001\]*](/view/html/inforce/2001-05-01/act-2000-086#JS1@Ja66@GC1@Hpb@EN) [*\[Section 9 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001\]*](/view/html/inforce/2001-05-01/act-2000-086#JS1@Ja66@GC1@Hpa@EN) [*\[Section 9 Repealed by No. 18 of 2021, s. 119, Applied:05 Nov 2021\]*](/view/html/inforce/2021-11-05/act-2021-018#GS119@EN) > > > (1)  In this section – > > > > > ***serious harm***, to a person, means any harm that has a significant impact on the health, welfare, property or financial situation of the person, including as a consequence of abuse, exploitation, neglect or self-neglect; > > > > > ***substitute decision-maker*** means a person with authority under this Act to make decisions for or on behalf of a person with impaired decision-making ability. > > > (2)  A substitute decision-maker is to have regard to the following in determining whether to make a decision for or on behalf of a person with impaired decision-making ability in respect of that decision: > > > > > > (a) whether the person has made an advance care directive in respect of that decision; > > > > > > > (b) whether the person is likely to regain decision-making ability in respect of that decision and, if so, whether the decision can be postponed without the delay causing harm. > > > (3)  If a substitute decision-maker is satisfied that there is a need to make a decision for or on behalf of another person, the substitute decision-maker – > > > > > > (a) is to  give effect, as far as practicable, to the views, wishes and preferences of the person with impaired decision-making ability, if known (including those expressed in an advance care directive); and > > > > > > > (b) if the substitute decision-maker is not able to determine the views, wishes and preferences of the person with impaired decision-making ability, is to  – > > > > > > > > > > (i) give effect as far as practicable to what the substitute decision-maker reasonably believes those views, wishes and preferences are, based on all the information available; and > > > > > > > > > > > (ii) act in a manner that promotes the personal and social well-being of the person with impaired decision-making ability and is the least restrictive of the person's human rights. > > > (4)  For the purposes of [subsection (3)(b)(i)](#GS9@Gs3@Hpb@Hqi@EN) , ***information available*** includes information obtained by consulting with close family members, carers and other significant people in the life of the person with impaired decision-making ability whom the substitute decision-maker reasonably believes the person with impaired decision-making ability would want to be consulted. > > > (5)  The views, wishes and preferences of the person with impaired decision-making ability should only be overridden by a substitute-decision maker for that person to the extent that – > > > > > > (a) it is necessary to prevent serious harm, or the risk of serious harm, to the person or another person; or > > > > > > > (b) the implementation of the decision would be unlawful; or > > > > > > > (c) the implementation of the decision would be inconsistent with the terms of any determinations made by the Tribunal under this Act. > > > (6)  If a substitute decision-maker overrides the views, wishes and preferences of a person with impaired decision-making ability, the substitute decision-maker is to, as far as is reasonably practicable, provide the person with information as to why they have overridden the person’s views, wishes and preferences in a way that is appropriate to the person’s circumstances.