Informed Consent in South Australia
Reviewed by the Commoner Law Editorial Team. Sourced from Commonwealth Acts of Parliament, federal regulations, and official government guidance. State-level information reflects each state's own Acts and court decisions. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
Before any medical treatment, you have the right to receive enough information to make an informed decision. This principle comes from the landmark High Court case Rogers v Whitaker (1992), which established that a doctor must tell you about any material risk — that is, any risk that a reasonable person in your position would want to know about.
The Australian Charter of Healthcare Rights reinforces this by guaranteeing your right to:
- Clear information about your condition, treatment options, benefits, and risks
- Ask questions and receive answers you can understand
- Accept or refuse any treatment, test, or procedure
- Seek a second opinion from another doctor
- Withdraw consent at any time, even after you initially agreed
Consent must be voluntary — no one can force or pressure you into a medical decision. If you lack the capacity to consent, a legally authorised substitute decision-maker (such as someone with medical power of attorney) may consent on your behalf.
When does it apply?
- Before any medical treatment, procedure, or test — from a blood test to major surgery.
- When a doctor recommends a change in your treatment plan.
- In emergency situations, a doctor may proceed without consent if delay would endanger your life, but must inform you as soon as possible afterwards.
- For children under 18, a parent or guardian generally provides consent, though mature minors may consent for themselves (Gillick competence).
What to Do If You Were Not Given Informed Consent Before Medical Treatment in Australia
- Ask your doctor to explain your diagnosis, the proposed treatment, alternatives, and the risks of each option in plain language.
- Take your time — you are not required to decide on the spot unless it is a genuine emergency.
- Bring a support person to appointments if it helps you understand and remember the information.
- Request written information if verbal explanations are not enough.
- Ask about the consequences of doing nothing so you can weigh all options.
- Put your preferences in an advance care directive so your wishes are known if you lose capacity in the future.
What should you NOT do?
- Don't sign a consent form unless you fully understand what you are agreeing to.
- Don't feel pressured — you always have the right to refuse treatment or ask for more time.
- Don't assume silence is consent — your agreement must be clearly expressed, either verbally or in writing.
- Don't ignore your right to a second opinion — getting another view is a normal part of healthcare decision-making.
How South Australia differs from federal law
Informed consent for medical treatment in SA is governed by both common law principles and the Consent to Medical Treatment and Palliative Care Act 1995 (SA), which provides a statutory framework for consent and end-of-life decisions.
- The Consent to Medical Treatment and Palliative Care Act 1995 (SA) sets out the requirements for valid consent, including the provision of information about the nature, consequences, risks, and alternatives of proposed treatment.
- SA was a pioneer in advance directive legislation. The Advance Care Directives Act 2013 (SA) allows individuals to make binding advance care directives about future medical treatment and to appoint substitute decision-makers.
- For patients who lack capacity, the Guardianship and Administration Act 1993 (SA) provides for the appointment of guardians and administrators. The Public Advocate can act as guardian of last resort.
- Children aged 16 and over can consent to their own medical treatment in SA under the Consent to Medical Treatment and Palliative Care Act. For younger children, the common law "Gillick competence" test applies.
- SA's Voluntary Assisted Dying Act 2021 (SA) provides a legal framework for terminally ill adults to access voluntary assisted dying, with detailed informed consent requirements.
Additional Steps in South Australia
If you believe informed consent was not properly obtained, contact the Health and Community Services Complaints Commissioner (HCSCC) (hcscc.sa.gov.au or 08 8226 8666). For advance care directive information, contact Advance Care Planning Australia or the Office of the Public Advocate SA (opa.sa.gov.au).
Relevant Law: Consent to Medical Treatment and Palliative Care Act 1995 (SA); Advance Care Directives Act 2013 (SA); Guardianship and Administration Act 1993 (SA); Voluntary Assisted Dying Act 2021 (SA)
Common Questions
When does informed consent apply?
Before any medical treatment, procedure, or test — from a blood test to major surgery.When a doctor recommends a change in your treatment plan.In emergency situations, a doctor may proceed without consent if delay would endanger your life, but must inform you as soon as possible afterwards.For children under 18, a parent or guardian generally provides consent, though mature minors may consent for themselves (Gillick competence).
What should I do if a doctor performed a procedure without properly explaining the risks to me in Australia?
Ask your doctor to explain your diagnosis, the proposed treatment, alternatives, and the risks of each option in plain language.Take your time — you are not required to decide on the spot unless it is a genuine emergency.Bring a support person to appointments if it helps you understand and remember the information.Request written information if verbal explanations are not enough.Ask about the consequences of doing nothing so you can weigh all options.Put your preferences in an advance care directive so your wishes are known if you lose capacity in the future.
What mistakes should I avoid with informed consent?
Don't sign a consent form unless you fully understand what you are agreeing to.Don't feel pressured — you always have the right to refuse treatment or ask for more time.Don't assume silence is consent — your agreement must be clearly expressed, either verbally or in writing.Don't ignore your right to a second opinion — getting another view is a normal part of healthcare decision-making.
Informed Consent in other states
Same topic, different jurisdiction. Pick the one that applies to you.