8Meaning of informed consent to assessment or treatment

8 Meaning of informed consent to assessment or treatment

(1)  [Section 8 Subsection (1) amended by No. 4 of 2023, s. 46, Applied:25 Sep 2023] For the purposes of this Act, a medical practitioner may regard a person's consent to an assessment, treatment or special psychiatric treatment as being informed consent if satisfied that –

(a) the person, at the time of giving the consent, has decision-making capacity; and

(b) the person has had a reasonable opportunity to make a considered decision whether or not to give the consent; and

(c) the person, having had that opportunity, has given the consent freely by some positive means, not by mere acquiescence.

(2)  [Section 8 Subsection (2) amended by No. 4 of 2023, s. 46, Applied:25 Sep 2023] For the purposes of subsection (1)(b) in its application to a treatment or special psychiatric treatment, a person may be taken to have had the requisite reasonable opportunity if –

(a) [Section 8 Subsection (2) amended by No. 4 of 2023, s. 46, Applied:25 Sep 2023] the treating medical practitioner and the person have discussed the treatment or special psychiatric treatment; and

(b) [Section 8 Subsection (2) amended by No. 4 of 2023, s. 46, Applied:25 Sep 2023] in those discussions the person was given an opportunity to disclose his or her priorities, expectations and fears about the treatment or special psychiatric treatment; and

(c) following those discussions the person was given –

(i) [Section 8 Subsection (2) amended by No. 4 of 2023, s. 46, Applied:25 Sep 2023] a clear and candid explanation of the advantages and disadvantages of the treatment or special psychiatric treatment, including information about the associated risks and common or expected side effects; and

(ii) where applicable, a clear and candid explanation of the alternative treatments that may be available, including information about the associated advantages and disadvantages; and