Charting a Course Through Difficult Legislative Waters: Tribunal Decisions on Life-Sustaining Measures

Journal of Law and Medicine, 12(4), pp. 441-454, 2005

Posted: 10 Jul 2016

See all articles by Lindy Willmott

Lindy Willmott

Queensland University of Technology - Faculty of Law

Ben White

Queensland University of Technology - Faculty of Law

Date Written: 2005

Abstract

Since the enactment in Queensland of the Powers of Attorney Act 1998 (Qld) and the Guardianship and Administration Act 2000 (Qld), a decision can be made to withhold or withdraw life-sustaining medical treatment from an adult who lacks capacity to make such decisions for herself or himself.

The Guardianship and Administration Tribunal of Queensland has been asked to consider the law in relation to these decisions on a number of occasions since the legislation was passed. This article explores the relevant provisions of these statutes and some of the difficulties that arise from how they are currently drafted. It also examines how the Guardianship and Administration Tribunal has dealt with applications to withhold or withdraw life-sustaining measures, and suggests a course that might avoid some of the difficulties that are inherent in Queensland's legislative regime.

Keywords: End of life decision-making, Withholding or withdrawing life-sustaining medical treatment, Adult guardianship law

Suggested Citation

Willmott, Lindy and White, Ben, Charting a Course Through Difficult Legislative Waters: Tribunal Decisions on Life-Sustaining Measures (2005). Journal of Law and Medicine, 12(4), pp. 441-454, 2005. Available at SSRN: https://ssrn.com/abstract=2806847

Lindy Willmott

Queensland University of Technology - Faculty of Law ( email )

Level 4, C Block Gardens Point
2 George St
Brisbane, QLD 4000
Australia

HOME PAGE: http://staff.qut.edu.au/staff/willmott/

Ben White (Contact Author)

Queensland University of Technology - Faculty of Law ( email )

Level 4, C Block Gardens Point
2 George St
Brisbane, QLD 4000
Australia

HOME PAGE: http://staff.qut.edu.au/staff/whiteb/

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