Page 3511 - Week 12 - Wednesday, 12 October 1994

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To the extent that members opposite who are concerned about this say that we need to look at safeguards, here is an example of a Government moved amendment - which I understand is supported by Mr Moore - further tightening up the Bill and providing safeguards to ensure that we have an objective test whereby the doctor or the health professional has to show that there were reasonable grounds for believing that the person understood the informed consent when the person made the decision.

Amendments agreed to.

Clause, as amended, agreed to.

Remainder of Bill, by leave, taken as a whole

Amendments (by Mr Connolly), by leave, agreed to:

Page 4, line 32, clause 11, omit "satisfied", substitute "the health professional believes on reasonable grounds".

Page 5, line 10, clause 11, omit "incompetent", substitute "incapacitated".

Page 5, line 23, clause 13, omit "incompetent", substitute "incapacitated".

Page 6, line 32, clause 13, omit "incompetent", substitute "incapacitated".

Page 6, line 33 and page 7, lines 1 to 9, clause 13, omit the words on the lines, substitute the following:

"any power of a guardian to consent to medical treatment, where that guardian was appointed for the person under the Guardianship and Management of Property Act 1991 after the direction was made or the power of attorney was granted, shall be exercised in a manner that is consistent with the direction or power of attorney.".

Page 7, line 12, clause 17, add the following subclauses:

"(3) Where a person creates an enduring power of attorney under the Powers of Attorney Act 1956, any direction made or power of attorney granted by the person under this Act that is in effect shall be taken to be revoked.


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