Charting a course through difficult legislative waters: tribunal decisions on life-sustaining measures

Willmott, Lindy & White, Benjamin P. (2005) Charting a course through difficult legislative waters: tribunal decisions on life-sustaining measures. Journal of Law and Medicine, 12(4), pp. 441-454.

View at publisher


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.

Impact and interest:

0 citations in Scopus
Search Google Scholar™

Citation counts are sourced monthly from Scopus and Web of Science® citation databases.

These databases contain citations from different subsets of available publications and different time periods and thus the citation count from each is usually different. Some works are not in either database and no count is displayed. Scopus includes citations from articles published in 1996 onwards, and Web of Science® generally from 1980 onwards.

Citations counts from the Google Scholar™ indexing service can be viewed at the linked Google Scholar™ search.

Full-text downloads:

525 since deposited on 23 Oct 2007
29 in the past twelve months

Full-text downloads displays the total number of times this work’s files (e.g., a PDF) have been downloaded from QUT ePrints as well as the number of downloads in the previous 365 days. The count includes downloads for all files if a work has more than one.

ID Code: 10356
Item Type: Journal Article
Refereed: Yes
Keywords: End of life decision-making, Withholding or withdrawing life-sustaining medical treatment, Adult guardianship law
ISSN: 1320-159X
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Law and Society (180119)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Research Centres > Australian Centre for Health Law Research
Copyright Owner: Copyright 2005 Thomson Legal and Regulatory
Copyright Statement: Reproduced in accordance with the copyright policy of the publisher.
Deposited On: 23 Oct 2007 00:00
Last Modified: 04 Jul 2017 12:53

Export: EndNote | Dublin Core | BibTeX

Repository Staff Only: item control page