1. What you need to know

Some decisions that relate to a person’s health cannot be made by a guardian appointed to make health care decisions for an adult or a person’s attorney for health matters when the relevant person has impaired capacity to provide consent themselves. The law identifies those particular medical procedures and health care as special health care.

Special health care of an adult is health care of the following types:

  • Removal of tissue from the adult while alive for donation to someone else;
  • Sterilisation of the adult
  • termination of a pregnancy of the adult
  • participation by the adult in special medical research or experimental health care;
  • electroconvulsive therapy or a non-ablative neurosurgical procedure for the adult
  • prescribed special health care of the adult

The Tribunal may consent, for an adult with impaired capacity for the particular procedure to removal of tissue from the adult for donation to another person only if the Tribunal is satisfied -

  • the risk to the adult is small; and
  • the risk of failure of the donated tissue is low; and
  • the life of the proposed recipient would be in danger without the donation; and
  • no other compatible donor is reasonably available; and
  • there is, or has been, a close personal relationship between the adult and proposed recipient.

The Tribunal may not consent if the adult objects to the removal of tissue for donation.

If the Tribunal consent to removal of tissue for donation, the tribunal’s order must specify the proposed recipient.


2. Complete and lodge this form:

To apply you must complete and lodge:

Form 57 - Application for consent for special health care.pdf

The purpose of this form is to ask for the tribunal’s consent, prior to a person with impaired capacity receiving special health care (for example sterilisation, termination of a pregnancy, donation of tissue or prescribed special health care).

PDF File (413.9 KB)

3. How to lodge your application

Emailenquiries@qcat.qld.gov.au
In person

Queensland Civil and Administrative Tribunal
Floor 11, 259 Queen Street
Brisbane Qld 4000

or at any local Magistrates Court

Mail to

Queensland Civil and Administrative Tribunal
GPO Box 1639
Brisbane Qld 4001


4. What happens next?

Find out what happens after you apply.