Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . .

Legislative Assembly for the ACT: 1997 Week 8 Hansard (28 August) . . Page.. 2697 ..

. Community input will help to ensure that any legislation or guidelines which are developed to deal with consent to medical treatment are effective.

. This paper deals with consent, not only to treatment by a doctor, but to any procedures by any health carer who, as part of that care, touches a client, or carries out procedures on him or her, be it washing, performing surgery or administering medication, resuscitation, or sustenance.

. There is a general principle established by the courts that no such action whatsoever may be taken without the patient's consent to it. Unless a person knows the general nature and quality of a proposed medical procedure and agrees to it, the carrying out of that procedure by a health carer can constitute trespass to the person in the form of either assault or battery.

. This law has for hundreds of years maintained that those who suffer any unwanted interference to their body, or the creation of fear of such interference, can sue the perpetrator, for trespass to the person.

. Medical procedures and health care - whether therapeutic or experimental - are subject to this law even where they are carried out with the best of intentions. Thus the concern of hospitals to have a patient's consent before medical procedures are undertaken.

. However this simple principle as it stands becomes inadequate to deal with the many complex situations which arise in the health care setting.

. Many inquiries have been received by my Department from members of the public who are either involved with a sick relative or friend whose care has raised some issue of consent to treatment, or from those who are ill themselves, or who anticipate that because of their age or current medical condition they may soon be, who want to know about enduring powers of attorney or advance directives.

Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . .