Consent to prescribed medical treatment

SACAT can:

  • consent to prescribed medical treatment.

Prescribed medical treatment means the following types of medical treatment

  • sterilisation and
  • termination of pregnancy.

SACAT must not provide consent for prescribed medical treatment unless it is satisfied by evidence of certain specified matters (set out in the Guardianship and Administration Act). 

Who can consent for the person?

If a person cannot give consent to a medical practitioner for prescribed medical treatment because of mental incapacity then consent to that treatment on behalf of the person can only be given by SACAT. The person’s guardian, parent (if a child), close relative, substitute decision maker under an advance care directive, enduring guardian or medical agent cannot give substituted consent for that treatment. 

Who can apply for consent for prescribed medical treatment?

A medical practitioner can apply to SACAT for this consent.

When can the treatment be given?

If SACAT provides consent to prescribed medical treatment, the treatment cannot be given immediately, but only after the period for the Review of a SACAT decision has expired or, if a review has been requested, it has been dismissed or withdrawn.

Right to Review of a SACAT decision

There is a right to a Review of a SACAT decision to grant consent to prescribed medical treatment. You do not need to seek permission for this Review. 

For consent to termination of pregnancy the Internal Review must be made within two working days after the making of the consent decision by SACAT.