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Informed consent is concerned with the adequacy of information made available to the client, in terms of known risks and consequences or consequences and risks that ought to have been known.
Failure to provide reasonable information may result in breach of duty of care.
The legal elements of consent, particularly informed consent, are not fixed in legislation; instead they have been established by courts as part of common law.
The important elements of the law about consent for the purposes of this document are as follows:
In the specific instance of medical or dental treatment, where a person with disability lacks the capacity to consent, a ‘person responsible’ can be assigned (under the Tasmanian Guardianship and Administration Act 1995) to consent to certain procedures and treatments.
To qualify as a ‘person responsible’ the individual must be a family member, close friend or unpaid carer of the person with disability and must maintain a close personal relationship through frequent personal contact.
The individual must have a personal interest in the welfare of the person with disability, (see Tasmanian Disability Services Act 2011 section 5).
A legally appointed guardian can also be the ‘person responsible’.
Under Tasmanian Guardianship and Administration Act 1995 section 3(1) the following definition of medical and dental treatment is provided:
a) medical treatment includes any medical or surgical procedure, operation or examination and any prophylactic, palliative or rehabilitative care, normally carried out by, or under the supervisions of, a medical practitioner.
b) dental treatment includes any dental procedure, operation or examination normally carried out by, or under the supervision of, a dentist.
The definitions do not include:
For further information please contact the Disability Services Area Team.
Launceston Tasmania 7250
Telephone: 6777 1060
Email: disability.north@communities.tas.gov.au
Burnie Tasmania 7320
Telephone: 6477 7609
Email: disability.northwest@communities.tas.gov.au
New Town Tasmania 7009
Telephone: 6166 1127
Email: disability.south@dhhs.tas.gov.au
New Town Tasmania 7009
Telephone: 6166 1127
Email: disability.south@communities.tas.gov.au