Person responsible / prescribed relative

Who is a ‘person responsible’ for a patient? 

A ‘person responsible’ is outlined in the Consent to Medical Treatment and Palliative Care Act 1995 (Section 14 (1)) and is in the following legal order of hierarchy.

(a) a guardian appointed by SACAT to make health care decisions who is
available and willing to make a decision
(b) a ‘prescribed relative’ with a close and continuing relationship with the person who is available and willing to make a decision about consent
 (c) an adult friend of the patient who has a close and continuing relationship with the person and is available and willing to make the decision
(d) someone charged with the person’s ongoing day to day care and well‐being (such as a Director of Care in aged or supported care) who is available and willing to make the decision.

If none of the above are available or willing to make the decision, then ‐

(e) SACAT– as a last resort an application can be made to SACAT by a prescribed relative of the person; a medical practitioner proposing to give the treatment; or any other person who SACAT is satisfied has a proper interest in the matter.

 

Who is a ‘prescribed relative’ of a patient? 

A ‘prescribed relative’ is outlined in the Consent to Medical Treatment and Palliative Care Act 1995 (Section 14 (1)) and is 

(a) a person who is legally married to the patient
(b) an adult domestic partner as defined in the Act
(c) an adult related to the patient by blood or marriage, 
(d) an adult related to the patient by reason of adoption 
(e) an adult of Aboriginal or Torres Strait Islander descent who is related to the patient according to Aboriginal or Torres Strait Islander kinship rules.