86When does a person give informed consent?

86 When does a person give informed consent?

(1) Informed consent may be given by a person if the person—

(a) has capacity to give informed consent; and

(b) has been given adequate information to enable the person to make an informed decision; and

(c) has been given a reasonable opportunity to decide whether or not to consent; and

(d) has given consent freely without undue pressure or coercion by any other person; and

(e) has not withdrawn their consent or indicated their intention to withdraw their consent.

(2) A person has been given adequate information to make an informed decision if the person has been given—

(a) an explanation of the proposed treatment or medical treatment including—

(i) the purpose of the treatment or medical treatment; and

(ii) the type, method and likely duration of the treatment or medical treatment; and

(b) an explanation of the advantages and disadvantages of the treatment or medical treatment, including information about the associated discomfort, risks and common or expected side effects of the treatment or medical treatment; and

(c) an explanation of any beneficial alternative treatments that are reasonable available, including any information about the advantages and disadvantages of these alternatives; and

(d) answers to any relevant questions that the person has asked; and

(e) an explanation of the advantages and disadvantages of not undergoing the treatment;

(f) any other relevant information that is likely to influence the person's decision; and

(g) in the case of proposed treatment, a statement of rights relevant to the person's situation.

(3) A person has been given a reasonable opportunity to make a decision if, in the circumstances, the person has been given—

(a) a reasonable period of time in which to consider the matters involved in the decision; and

(b) a reasonable opportunity to discuss these matters with the registered medical practitioner or other health practitioner who is proposing the treatment or medical treatment; and

(c) the appropriate supports to make the decision; and

(d) a reasonable opportunity to obtain any other advice or assistance in relation to the decision.

(4) Without limiting subsections (1), (2) or (3), for the purposes of medical treatment that is given under this Act, a person may give informed consent by instructional directive.

See also section 17.