What is informed consent?

Informed consent is when you agree for a healthcare professional to provide you with medical treatment and care. This includes any tests, medicines, treatments or procedures that you decide to have.

To give informed consent, you need to be given enough information about your options to make decisions about your health and healthcare.

Which medical procedures need informed consent?

Your doctor or healthcare professional needs your consent for any medical treatment they give you.

This includes:

• physical checks
• medical treatments
• medicines
• medical tests, including blood tests
• medical procedures
• dental procedures
• cosmetic procedures

You can also consent to a chronic disease care plan that your doctor prepares for you.

What are the legal requirements for informed consent?

To give informed consent in Australia, you must:

• have legal capacity (be competent) to consent
• give your consent voluntarily (no one can force you)
• be given information about your condition and your options, including the benefits and risks that apply to you
• have a chance to ask questions

What is legal capacity?

Legal capacity means that you can:

• understand and retain all the facts involved
• understand your treatment options
• understand the potential consequences of each option
• weigh up the potential benefits, disadvantages and outcomes of each option
• communicate your decision to your doctor

If you are an adult aged 18 years or older you can generally give consent for medical procedures or treatments. Sometimes, mental illnesses or disabilities can affect an adult's legal capacity.

In general, if you are under the age of 16 or 18 years, your parent or guardian will give consent on your behalf. There are cases where young people under the age of 16 can give informed consent. Check with your doctor if you think this applies to you.

What if someone doesn't have legal capacity?

If you don't have legal capacity, there's a legal framework that can help. This framework is used to work out who can give consent on your behalf.

Examples of when a substitute decision-maker is needed to give consent on your behalf are:

• if you are unconscious
• if you have a developmental or intellectual disability
• if you have cognitive impairment
• if you have some types of mental illness
• if you have dementia

The rules for substitute decision-makers may be different in each state and territory.

A substitute decision-maker must make decisions in your best interests.

What should I know before I consent?

Before you give your consent, make sure that:

• your doctor or healthcare professional has explained each of the choices available to you
• you understand any risks, and the likelihood (chance) of those risks
• you understand the benefits
• you understand the purpose or reason for what you are agreeing to

If you are not sure at any stage, ask your doctor.

Preparing to consent might look different for different people. Before you give informed consent, you may need help from:

• an interpreter if English is not your first language
• a friend, family member, or support person to discuss options

How do I give informed consent?

You can give informed consent verbally or in writing.

The type of consent you give will depend on the examination, treatment or procedure you are consenting to.

Consent can also be implied (assumed by what you do or don't do).

For example, by allowing your doctor to examine you, you imply consent to the physical examination. For more complex procedures or treatments, such as surgery, your health professional may ask you to provide consent in writing.

Can I change my mind?

Yes. In most cases, you can change your mind even if you have already given consent. Make sure you tell your doctor or healthcare professional clearly if you change your mind.

Resources and support

The Queensland Government has provided a video about informed consent in healthcare in a range of languages.

Contact your local state body for more information and advice about substitute decision-makers:

• Australian Capital Territory — Public Trustee and Guardian
• New South Wales — Civil & Administrative Tribunal Guardianship Division
• Northern Territory — Office of the Public Guardian
• Queensland — Office of the Public Guardian
• South Australia —South Australian Civil and Administrative Tribunal
• Tasmania — Civil and Administrative Tribunal – Guardianship Stream
• Victoria — Office of the Public Advocate
• Western Australia — Office of the Public Advocate

You can also call the healthdirect helpline on 1800 022 222 (known as NURSE-ON-CALL in Victoria). A registered nurse is available to speak with you 24 hours a day, 7 days a week.