Special health care matters
A range of medical procedures go beyond the boundaries of ordinary health care because they are intended for the benefit of someone else or they have a crucial effect on the adult’s rights and freedoms.
The following medical procedures are considered special health care matters:
- donation of tissue from the adult to someone else for transplant
- participation by the adult in special medical research or experimental health care
- sterilisation of the adult
- termination of a pregnancy of the adult
- prescribed special health care.
Only QCAT or the Supreme Court can give consent for these procedures - an attorney or guardian cannot.
Considerations before giving consent to special health care matters
QCAT must decide whether or not the procedure is necessary for the adult’s health and wellbeing. In addition, QCAT will consider:
- the principle of keeping treatment to the minimum necessary to preserve the adult’s health and wellbeing
- the wishes of the adult
- the views of any guardians appointed by QCAT
- If there is no guardian/s appointed, the views of anyone appointed as attorney for personal matters for the adult
- If there are no guardian/s or attorney/s appointed, the views of the adult’s statutory health attorney
- the adult’s situation including their medical condition
- any alternative procedures that may be available in either the short or long term
- specific reports from relevant health professionals.
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.