Treatment Decisions

Decisions to withhold and withdraw life-sustaining treatment that will result in a person’s death can be extremely difficult for individuals and their families, and also for health professionals. Yet these decisions are a mainstream part of medical practice, with tens of thousands of deaths occurring each year across Australia following a medical decision to withhold or withdraw life-sustaining treatment.

Decision-making about life-sustaining treatment by a person who has capacity (and can decide what treatment to accept or refuse) is less complex than for a person who has lost capacity (this is known as impaired capacity). Where a person has impaired capacity and there is no Advance Care Directive, a substitute decision-maker will be required to make the treatment decision.

The following pages explore Australia's laws relating to:

• Withholding and withdrawing life-sustaining treatment from adults
• Guardianship law
• Children and end of life decision-making
• Futile or non-beneficial treatment
• Substitute decision-making for adults (by State and Territory):
  • Australian Capital Territory
  • New South Wales
  • Northern Territory
  • Queensland
  • South Australia
  • Tasmania
  • Victoria
  • Western Australia
• Emergency medical treatment (by State and Territory):
  • Australian Capital Territory
  • New South Wales
  • Northern Territory
  • Queensland
  • South Australia
  • Tasmania
  • Victoria
  • Western Australia
• Complaints and dispute resolution (under 'Emergency medical treatment' on each State and Territory page).

Australia’s laws on Capacity and consent to medical treatment are discussed here.