7Communicating under this Act

7 Communicating under this Act

(1) This section applies if an entity is required by this Act to communicate with—

(a) a consumer; or

(b) a consumer's family; or

(c) a consumer's carer; or

(d) a consumer's guardian; or

(e) a consumer's nominated support person or support person; or

(f) a complainant.

(2) The entity must take reasonable steps—

(a) to provide appropriate supports; and

(b) to explain the content of the communication and answer any questions as clearly and as completely as possible.

(3) For the purposes of subsection (2), the entity must take reasonable steps to determine what appropriate supports would assist the person the entity is communicating with.

Reasonable steps may include the following—

(a) asking the person what supports would assist them to communicate and participate in decisions;

(b) in the case of a patient, having regard to the patient's advance statement of preferences (if any);

(c) in the case of a patient, asking their nominated support person what supports would assist the patient to communicate and participate in decision making; and

(d) providing a consumer with information about the types of supports that are available to them so that they can identify what would assist them.

(4) If a person is incapable of understanding information or any oral explanation at the time when it would otherwise be provided, the entity who is to give the information being communicated must ensure that reasonable further attempts are made to provide the information or explanation at a time when the person is able to understand the information or explanation.

communicate includes—

(a) giving or providing any advice, notice or information; or

(b) asking for, receiving or hearing, any advice, notice, information, views, preferences, consent or other decisions.

See definition of entity in section 38 of the Interpretation of Legislation Act 1984 which includes a person and an unincorporated body.