NCAT can provide consent to medical and dental treatment for patients who are unable provide consent for themselves.
Most patients can understand information from their doctor or dentist about their condition and proposed treatment, and can provide informed consent to treatment.
If a medical or dental practitioner believes that a patient is not capable of informed consent, they must seek consent from a substitute decision maker. This means someone who has the legal authority to make medical or dental treatment decisions on behalf of the patient.
A substitute decision maker can be:
In most cases there will be a person responsible. For more information read the
'Person responsible' fact sheet [PDF, 53kB].
An application to NCAT is necessary if:
It is the responsibility of the medical or dental practitioner to identify when consent is required for the proposed treatment and the category of treatment – urgent, major, minor or special. It is also the responsibility of the practitioner to identify the substitute decision-maker and to ensure that the substitute decision-maker signs the appropriate consent forms before treatment. For more information, read the
'Consent to medical or dental treatment' fact sheet [PDF, 101kB].
NCAT has power under the
Children and Young Persons (Care and Protection) Act 1998 to consent to special medical treatments for people under 16. For more information, read the
'Special medical treatment for people under 16 years' fact sheet [PDF, 40kB].
Complete the consent to medical or dental treatment application form and lodge with your attachments to NCAT's Guardianship Division.
Consent to medical or dental treatment application form [PDF 300kB]
If you have any questions, please contact NCAT's Guardianship Division on 1300 006 228.
Do you need to apply?