Section 42K Notice now online
If a patient cannot consent to medical treatment and there is no person responsible available to provide consent, the treatment can proceed if the legislative requirements under Section 42 K of the Guardianship and Administration Act 1986 are met.
If the medical practitioner believes the treatment is in the best interests of the patient, they must submit a Section 42K Notice to OPA.
The notice requires the medical practitioner to state:
- the proposed treatment
- why the practitioner proposes to undertake the treatment
- that the proposed treatment is in the person’s best interests
- the efforts made to locate the person responsible.
- Lodging online removes the need for you to download, print, complete and find a fax to send the form.
- It also removes the risk of delays due to inadvertantly forgetting to complete a field.
Once you have submitted your notice online, you will automatically receive a confrimation email, including a copy of your completed notice.
OPA’s Advice Service will review the notice and advise the medical practitioner if the legislative requirements have been met. If the requirements have been met the treatment can proceed.
Please note Section 42K Notices can only be reviewed Monday to Friday between 9am and 5pm. If you notice is sent outside these hours, it will not be attended to until the next working day. If the matter is urgent outside office hours, call 1300 309 337 to be directed to OPA’s after hours service.
If a patient is incapable of giving consent, a medical or dental practitioner may provide treatment without consent if the practitioner believes on reasonable grounds that the procedure or treatment is necessary as a matter of urgency to:
- save the patient’s life
- prevent serious damage to the patient's health
- prevent the patient from suffering or continuing to suffer significant pain or distress
Consent is also not needed for:
- providing first aid
- administering a prescribed drug within recommended dosages
- a non-intrusive examination such as a visual examination.
Access the new Section 42K online form