The Office of the Public Advocate will be operating with limited staff only from 25 December 2025 to 1 January 2026 inclusive.
OPA LogoOffice of the Public Advocate

Patient consent

Health practitioners need a patient’s consent before providing medical treatment.

Patient capacity to consent

Adults are presumed to have decision-making capacity unless there is evidence to the contrary.

Emergency treatment

Consent is not required in an emergency. Proceed with treatment unless you are aware of a refusal in a directive or certificate.

Significant treatment

The Department of Health and Human Services has developed significant treatment clinical guidelines.

Routine treatment

Any medical treatment other than significant treatment under the Act is routine treatment.

Interpreting an instructional directive

An instructional directive is a legally binding statement directed to the person's health practitioners.

Medical Treatment Planning and Decisions Act 2016

Glossary of terms

Guideline on the administration of the COVID-19 vaccine

When a person lacks capacity to undertake advance care planning

I want to...

Back to top

OPA LogoOffice of the Public Advocate

Aboriginal flag Torres Strait Islander flag

The Office of the Public Advocate (OPA) is a human rights organisation which promotes the diversity and inclusion of all people. OPA’s vision is of a fair and inclusive society that respects and values the human rights and dignity of all people.

© Office of the Public Advocate 2026