Provision of consent to medical treatment (not prescribed)
SACAT can provide consent to medical treatment for a patient who has impaired decision-making capacity where:
• the patient does not have an Advance Care Directive which makes specific provision about the administration of the relevant kind of medical treatment
• does not have a substitute decision-maker appointed under an advance care directive who is able to give consent to the relevant kind of medical treatment and
• there is no 'person responsible' to give consent.
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.
Who can apply to SACAT?
An application can be made to SACAT by:
• a prescribed relative
• a medical practitioner or
• a person who the Tribunal is satisfied has a proper interest in the matter.
Right to Review of a SACAT decision (Internal Review)
There is a right to Review of a SACAT decision to provide consent under part 3A of the Act.
Who can apply for Review of a SACAT decision (Internal Review)?
An application for Review of a SACAT decision to provide consent to medical treatment can be made by:
• the applicant in the proceedings
• the person that the application is about
• the Public Advocate
• any person who presented evidence or material or made submissions to SACAT about the consent application
• any other person who satisfies SACAT that he or she has a proper interest in the matter.