Faculty of Law

This half-day seminar will examine the legal issues relating to the refusal and withdrawal of life sustaining treatment.

The seminar is designed for medical practitioners and legal practitioners who treat and advise patients in relation to medical treatment at the end of life.  The seminar will examine the legal framework for considering decisions about life sustaining treatment.

The recent decision in the Supreme Court of Western Australia case in Brightwater Care group (Inc) v Rossiter [2009] WASC 229 has raised the issue of the withdrawal and refusal of life sustaining medical treatment and highlighted the confusion in the community about the legal framework for decision making for competent patients.  The seminar will consider the way in which the law supports the decisions of competent patients who refuse life sustaining treatment.

The distinct question of withdrawal of life sustaining treatment from an incompetent patient will also be examined. The seminar will introduce the amendments to the Guardianship and Administration Act 1990 (WA), which will commence shortly. The revised hierarchy of substitute decision makers and the new provisions for advance planning about medical decisions at the end of life will be considered.  The role of SAT and the Supreme Court will be addressed.

Topics

Topics covered include:

• the perspective of the patients and the families
• determinations of competence
• decisions by competent patients to refuse treatment
• advance directives
• substitute decision makers
• enduring guardians
• the role of SAT
• the parens patriae jurisdiction.

Presenters

The seminar will be led by Judy Allen, Meredith Blake and Dr Brenda McGivern of the Faculty of Law. 

An interdisciplinary perspective will be provided by guest presenters from the medical and legal profession including:

• Justice John Chaney, President of the State Administrative Tribunal
• Professor Bev McNamara, Curtin University
• Rachel Zombor, Clincal Neuropsychologist, Department of Health WA
• Elizabeth Heenan, Marks and Sands Lawyers
• Pauline Bagdonavicius, Public Advocate

Panel Members

• John Young, Deputy State Solicitor, State Solicitor's Office
  
• Dr Simon Towler, Chief Medical Officer, Department of Health WA
• Dr Penny Flett, CEO Brightwater Care Group Pty Ltd
• Nicola Frampton, Sparke Helmore Lawyers
• Ben Gauntlett, Law School UWA.