7Capacity of adults and children to make decisions about their own assessment and treatment

7 Capacity of adults and children to make decisions about their own assessment and treatment

(1)  [Section 7 Subsection (1) amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014] For the purposes of this Act, an adult is taken to have the capacity to make a decision about his or her own assessment or treatment (decision-making capacity) unless a person or body considering that capacity under this Act is satisfied that –

(a) he or she is unable to make the decision because of an impairment of, or disturbance in, the functioning of the mind or brain; and

(b) he or she is unable to –

(i) understand information relevant to the decision; or

(ii) retain information relevant to the decision; or

(iii) use or weigh information relevant to the decision; or

(iv) communicate the decision (whether by speech, gesture or other means).

(2)  [Section 7 Subsection (2) amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014] For the purposes of this Act, a child is taken to have the capacity to make a decision about his or her own assessment or treatment (decision-making capacity) only if a person or body considering that capacity under this Act is satisfied that –

(a) the child is sufficiently mature to make the d ecision; and

(b) notwithstanding any impairment of, or disturbance in, the functioning of the child's mind or brain, the child is able to –

(i) understand information relevant to the decision; and

(ii) retain information relevant to the decision; and

(iii) use or weigh information relevant to the decision; and

(iv) communicate the decision (whether by speech, gesture or other means).

(3)  For the purposes of this section –