For health practitioners
When a patient is unable to make a medical treatment decision
There are special processes in relation to:
- emergency treatment
- palliative care
- medical treatment where a patient is likely to recover decision-making capacity within a reasonable time
- compulsory patients under the Mental Health Act 2014
- medical research procedures.
The usual process
The Act sets out three steps for health practitioners if a patient does not have decision-making capacity to make the medical treatment decision.
Download the Steps for health practitioners fact sheet (accessible document).
VCAT advisory opinions and orders
Read about circumstances where a health practitioner can apply to the Victorian Civil and Administrative Tribunal for an advisory opinion or order.
Notifications to the Public Advocate
Read about notifications to the Public Advocate when the medical treatment decision maker refuses treatment (section 62 notifications).