A person responsible for a patient is outlined in s 14(1) of the Consent to Medical Treatment and Palliative Care Act 1995 and is in the following hierarchy:

(a) a guardian appointed by SACAT to make health care decisions who is available and willing to make a decision or

(b) a ‘prescribed relative’ with a close and continuing relationship with the person who is available and willing to make a decision about consent or

(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 or

(d) someone charged with overseeing the person’s ongoing day-to-day supervision, 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 defined in s 14(1) of the Consent to Medical Treatment and Palliative Care Act 1995 to include:

(a) a person who is legally married to the patient

(b) an adult domestic partner of the patient as defined in the Family Relationships 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.