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Special health care matter types

Donation of tissue

The donation of tissue includes practices such as donating an organ or bone marrow tissue. Generally, there should be or should have been a close personal relationship between the adult and proposed recipient.

QCAT cannot consent to this procedure if the adult objects. This procedure is intended primarily for the benefit of someone else and therefore QCAT must consider what decision the adult would make if their decision-making capacity was not impaired. If QCAT does give its consent, it must name the recipient in the consent order.

Special medical research or experimental health care

QCAT cannot consent to the adult’s participation in special medical research or experimental health care if the adult objects or has indicated in an advance heath directive an unwillingness to participate in such procedures.

QCAT has the power to consent to the adult’s participation only when the procedures:

  • relate to a condition that the adult suffers from or has a significant risk of being exposed to, and
  • promote knowledge that can be used in the diagnosis and treatment of a condition that the adult suffers from.

Sterilisation

There are a range of treatments and procedures available all of which are less invasive and less permanent than sterilisation. Before considering sterilisation all other alterative treatments should be considered and, if appropriate, tried.

QCAT can consent to sterilisation only when:

  • it is necessary for purely medical reasons
  • the adult is or is likely to be sexually active and there is no suitable method of contraception
  • the adult is female and has problems with menstruation or the cessation of menstruation, and sterilisation is the only means of overcoming the problems.

Termination

QCAT can consent to the termination of the adult’s pregnancy only if it is satisfied that it is necessary to preserve the adult from serious danger to her life or physical or mental health.

Descriptions of QCAT's jurisdiction on this website are general information only. They do not definitively describe the types of applications on which QCAT can make decisions. The relevant legislation determines QCAT's jurisdiction. If you are unsure about your legal rights, you should seek legal advice. Your individual circumstances should guide any actions taken to resolve your dispute.

Last reviewed
9 November 2011
Last updated
28 November 2013

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