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HEALTH CARE DECISION MAKERS DISCUSSION PAPER

 

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The Northern Territory Office of the Public Guardian is proposing amendments to NT law to improve health care decision making processes for when a patient does not have the capacity to make those decisions themselves.

You are encouraged to make a submission or provide comments on a discussion paper developed with the support of the Policy Coordination Division of the Department of the Attorney-General and Justice, to address a range of issues around health care decision making.

One of the gaps identified in the existing legal framework is providing for a member of patient’s family, or another person with a close and continuing relationship with them, to have a role in this decision making process.

The main policy considerations for any proposed legislative changes include:

  • Should family members and known close associates be given a statutory power to make health care decisions?
  • If so, what kinds of family members and associates should be given the role?
  • For persons with this role, should there be restrictions on the range of decisions that they are authorised to make?
  • What protections are necessary for the person who is receiving the health care? The current legal framework for a patient’s health care decision making is governed by the:
  • Advance Personal Planning Act 2013
  • Guardianship of Adults Act 2016
  • Emergency Medical Operations Act 1973
  • Mental Health and Related Services Act 1998.

You can access the discussion paper on the AGD website Open law reform consultations page. Comments can also be provided through the Have Your Say website.

Comments and submissions close 31 January 2020.

Public and Service Provider Consultations will be held across the Northern Territory during October to December at:

Tennant Creek:   Monday, 28 October 2019
Karguru Centre, 65 Staunton Street, Tennant Creek
Public Consultation: 5.30-7.30pm
Service Providers:  2.30-4.30pm

Alice Springs:              Monday, 11 November 2019
Araluen Arts Centre, 61 Larapinta Drive, Alice Springs
Public Consultation: 5.30-7.30pm
Service Providers:  2.30-4.30pm

Katherine:                    Tuesday, 19 November 2019
Katherine Town Council, 1865 Stuart Highway, Katherine
Public Consultation:  2-4pm
Service Providers:  5.30-7.30pm

Nhulunbuy:          Monday, 25 November 2019
Nhulunbuy Training Centre, 57 Chesterfield Circuit, Nhulunbuy
Public Consultation:  5-7pm
Service Providers:  11am-1pm

Darwin:                Monday, 2 December 2019
Casuarina Shopping Square Community Room, Casuarina
Public Consultation: 5.30-7.30pm
Service Providers:  9.30-11.30am

Palmerston          Thursday 5 December 2019
Palmerston Recreation Centre, 11 The Boulevard, Palmerston
Public Consultation:  5.30-7.30pm
Service Providers:  2-4pm

 

Regards

Robert Bradshaw PSM                                                                             Beth Walker                                    

Director, Policy Coordination                                                                 Public Guardian

Department of Attorney General and Justice                                      Office of the Public Guardian


For more information contact the AGD Policy Co-ordination office: P: 08 89357 433

E: AGD.ExecCorrespondence@nt.gov.au

 

 

To register to attend or seek further information contact the Office of the Public Guardian:  P: 1800 810 979 or email public.guardian@nt.gov.au