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New legislation will soon give Western Australian adults the power to plan for how personal, lifestyle and treatment decisions would be made on their behalf, if an accident or illness left them unable to make decisions for themselves.
The Acts Amendment (Consent to Medical Treatment) Act 2008, will introduce Enduring Powers of Guardianship (EPGs) and Advance Health Directives (AHDs).
Part 2 of the legislation will amend the Guardianship and Administration Act 1990. Once this part of the legislation is proclaimed it will enable Western Australians* to execute one or both of these new powers.
* Provided they are 18 years of age or older and have full legal capacity.
Enduring Powers of Guardianship (EPGs) and Advance Health Directives (AHDs) will not be available until the relevant parts in the Act are proclaimed.
During Parliamentary debate on the legislation in 2006, there was a commitment made to conduct consultation sessions with key stakeholders on the EPG and AHD forms (which are contained in the regulations), before the regulations were finalised.
Consultation sessions were held in July this year, from which the feedback was used to revise the prescribed forms.
On 15 September the regulations were published in the Government Gazette and were tabled in the Legislative Assembly on 17 September 2009 and in the Legislative Council on 22 September 2009. The final stage in the legislative process is for the Regulations to be considered by the Parliament. The forms will come into operation when this process is complete and the applicable sections of the Act are proclaimed.
In the meantime, the Office of the Public Advocate and the Department of Health are continuing with work to finalise a range of supporting publications including the final EPG and AHD forms.
An EPG is a legal document in which you will be able to nominate one or more people to make personal and lifestyle decisions on your behalf, such as where you live, who you have contact with and the types of support services you receive. You will also be able to give them the power to make medical treatment and healthcare decisions on your behalf.
In the event that you lose the capacity to make decisions for yourself, this person or these people (your enduring guardian/s), would then have the authority to make these decisions on your behalf.
An AHD is a legal document in which you will be able to plan specifically for your future medical, surgical or dental treatment. You will be able to set out what treatment you would or would not want to receive.
Then, if you become unable to make or communicate your wishes, your AHD will speak for you.
Once the legislation is proclaimed, the EPG forms and explanatory guides will be available on the Office of the Public Advocate's website and through the State Law Publisher.
Similarly, the AHD forms and guides will be available on the Department of Health's website and through the State Law Publisher.
The Office of the Public Advocate is responsible for the introduction of EPGs and should be contacted via opa@justice.wa.gov.au or 1300 858 455 for more information.
As the implementation of the new legislation progresses, this website will be updated.
Last Updated: 1-Oct-2009
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