Consent to medical treatment - Proposed changes to the law

Consultation Process

Now Closed

This online engagement was hosted on YourSAy from 15 September to 6 October 2017.

Be involved in the consultation on the draft Consent to Medical Treatment and Palliative Care (Restrictive Practices) Amendment Bill 2017.

Consultation closes on 6 October 2017

What is being decided?

Sometimes when a patient presents at a hospital or a clinic they exhibit behaviours that pose a risk to themselves and to others. These challenging behaviours may be caused by intoxication from drugs and alcohol, a condition such as delirium, or through mental illness. The patient may not have the capacity to make decisions for themself, and may need assessment and treatment.

SA Health wants to effectively care for these patients and protect them and others from harm. Changes to the Consent to Medical Treatment and Palliative Care Act 1995 (Consent Act) are therefore being proposed by SA Health to ensure that health practitioners have the appropriate legal framework to enable them to protect patients, themselves and others.

How can your input influence the decision?

A fact sheet (DOC 285KB) has been prepared outlining the proposed changes, why they are required and what they will mean. A copy of the draft Bill is available here (PDF 60KB).

The proposed changes include provisions to enable authorised persons to use restrictive practices and provide medical treatment without consent in strictly limited circumstances, (that is only when the patient’s behaviour places them at risk of harming themselves, others, or property, and they are unable to consent due to impaired decision-making capacity). Treatment may only be provided to treat the condition causing the risk of harm or arising from the harm (these changes do not impact current practices with regard to managing ongoing illnesses). Authorised persons will only have authority to exercise their powers for as long as necessary or for up to 24 hours, whichever is the lesser.

Get involved

You can be involved in the discussion by:

• Completing the online survey
• Joining the discussion
• Emailing a written submission to HealthPolicyLegislation@sa.gov.au
• Posting your comments to:

SA Health
Legal and Legislative Policy
RE Consent Act Amendments
PO BOX 287
Rundle Mall SA 5000

Consultation closes on 6 October 2017.

How will your input be used?

Your feedback will be considered and may influence the final version of the Consent to Medical Treatment and Palliative Care (Restrictive Practices) Amendment Bill 2017.