Page 823 - Week 02 - Thursday, 23 February 2012
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(2) What is the process for obtaining approval for a sterilisation of a woman or girl with disabilities if she herself cannot provide the consent.
(3) What is the Government’s response to each of the five recommendations made by the Sterilization of Women and Girls with Disabilities: A Briefing Paper (www.wwda.org.au/Sterilization_Disability_Briefing_Paper_October2011.pdf) that was jointly prepared by the Women With Disabilities Australia, Human Rights Watch, the Open Society Foundations, and the International Disability Alliance as part of the Global Campaign to Stop Torture in Health Care.
Ms Gallagher: I am advised that the answer to the member’s question is as follows:
(1) There is no evidence that any elective sterilization without the informed consent of the patient has been performed at the Canberra Hospital over the last five years, for either a woman aged over 18 years, or a girl aged less than 18 years.
(2) The law applicable to ACT adult residents unable to provide informed medical consent is the Guardianship and Management of Property Act 1991. Under this Act, sterilizations and other matters are referred to as prescribed medical procedures and such medical determinations may only be made by the ACT Civil and Administrative Tribunal. The Guardianship and Management of Property Act 1991 requires the Tribunal to give consideration to the following:
• the procedure is otherwise lawful;
• the person is not competent to give consent and is not likely to become competent in the foreseeable future;
• the procedure would be in the person’s best interests; and
• the person, the guardian and any other person whom the ACAT (ACT Civil and Administrative Tribunal) considers should have notice of the proposed procedure are aware of the application for consent.
In addition, for prescribed medical procedures including sterilization, the Act requires that:
• The ACAT must appoint the person’s guardian, or the public advocate or some other independent person, to represent the person in relation to the hearing relating to the consent.
• In deciding whether a particular procedure would be in the person’s best interests, the matters that the ACAT must take into account include:
- the wishes of the person, so far as they can be ascertained; and
- what would happen if it were not carried out; and
- what alternative treatments are available; and
- whether it can be postponed because better treatments may become available; and
- for a transplantation of tissue—the relationship between the 2 people and other matters.
The role of oversight agencies such as the Public Advocate may include educating the community about special medical procedures and the legal requirements that must be followed, and the rights of all girls and women, in particular girls and women who are unable to provide informed medical consent.
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