What if an individual is incapable of giving consent to collection, use or disclosure of health information?
The power to give consent may be exercised on behalf of an individual who is incapable of giving consent by an authorised representative of that individual. An individual is considered incapable of giving consent by reason of age, injury, disease, senility, illness, disability, physical impairment or mental disorder if they are incapable of understanding the general nature and effect of giving the consent, or communicating the consent (or refusal) despite the provision of reasonable assistance by another person. An authorised representative means a person who is: (a) a guardian of the individual; or (b) an attorney for the individual under an enduring power of attorney; or (c) an agent for the individual within the meaning of the Medical Treatment Act 1988; or (d) an administrator or a person responsible within the meaning of the Guardianship and Administration Act 1986; or (e) a parent of an individual, if the individual is a child; or (f) otherwise empowered under law to perform any
Related Questions
- In cases of emergency care, must consent to the collection, use and disclosure of personal information be obtained?
- What if an individual is incapable of giving consent to collection, use or disclosure of health information?
- What is the age of consent for collection, access, use and disclosure of health information?
