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Legislative Assembly for the ACT: 1997 Week 8 Hansard (28 August) . . Page.. 2700 ..

. We also want views on how we should go about putting these recommendations into practice - what I call `procedural' issues - so that standards can be set in ensuring proper consent is given to medical treatment for the purposes of the law.

. Thus we are interested in both what should happen, and whether this should be enshrined in legislation, guidelines, institutional protocols, education programs, or indeed any other way.

. The paper deals with such situations as--

- direct decision making by a person in relation to their medical treatment;

- indirect decision making in relation to medical treatment, for example through a power of attorney or advance directive;

- decision making in relation to treatment by others (such as a guardian, the Community Advocate, a clinical ethics committee or a relative);

- other aspects of the act of consent such as assault, battery, restraint and justifiable force; and

- special situations such as emergencies, blood transfusions, palliative care, suicide, treatment during pregnancy and sterilisation of children.

. In relation to the Medical Treatment Act 1994, I note that in August last year Mr Michael Moore MLA tabled amendments which proposed extending the scope of advance directives, and removing qualifications from the administration of pain relief.

. I wrote to Mr Moore explaining that the Issues Paper would consider the Medical Treatment Act 1994 in some detail, including the issues dealt with by Mr Moore's Bill. I asked Mr Moore if, in the light of the more detailed consideration the Paper would be giving both consent in general and the Medical Treatment Act 1994 in particular, he would consider withholding debate on his Bill while we await the outcome of consultation at this broader level. He kindly agreed to do so.

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