Healthcare Decisions

Healthcare decision making in Queensland

There are laws and guidelines in Queensland for making decisions about health, whether in an emergency situation, or regarding an ongoing health issue.

It’s everyone’s right to have the opportunity to consent to or refuse treatments and the person must remain at the centre of health decisions.

Importantly, adults are presumed to have the capacity to decide whether or not to receive health care. If a person’s capacity to make a decision is questioned, they should be supported to make the decision, before deferring to a substituted decision maker.

How we can help

ADA Law can advise patients and their practitioners about health care decision making including:

Steps for obtaining consent or refusal
Relevant legislation and where it applies
Human rights and the importance of supported decision making
Guidance on the Queensland Capacity Assessment Guidelines and supported decision making strategies
Support for patients to express their views and wishes, including negotiation with their attorneys when there are concerns or disagreements around health matters
When to defer to substitute decision makers and their hierarchy
Patient representation at QCAT hearings.

Key principles for health practitioners

Always assume an adult has capacity to make decisions for themselves.
Capacity fluctuates and is decision-specific and time-specific.
Provide the adult with the support and information they need to make and communicate decisions. Deferring to a substitute decision maker is the last resort.
Assess the adult’s decision-making ability rather than whether the decision they make is ‘good’ or ‘bad’.
Respect the adult’s dignity and privacy by being transparent about when assessing their decision-making capacity and why.