Informed Consent in Victoria
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 Victoria differs from federal law
Informed consent in Victoria is governed by common law (Rogers v Whitaker) and the Medical Treatment Planning and Decisions Act 2016 (Vic), which modernised Victoria's consent and advance care planning framework.
- The Medical Treatment Planning and Decisions Act 2016 (Vic) replaced the Medical Treatment Act 1988 and provides a comprehensive framework for advance care directives, medical treatment decision-makers, and consent to treatment.
- Under the 2016 Act, every person has the right to make an advance care directive setting out their preferences for future medical treatment if they lose decision-making capacity. These directives are legally binding in Victoria.
- Where a person lacks capacity and has not made an advance care directive, the Act establishes a hierarchy of medical treatment decision-makers: (1) a person appointed under the directive, (2) a VCAT-appointed guardian, (3) the person responsible as defined by the Guardianship and Administration Act 2019 (Vic).
- Victoria's Charter of Human Rights (s 10) protects the right not to be subjected to medical treatment without consent, reinforcing the common law and statutory consent requirements.
- For children, parents provide consent. Mature minors may consent under Gillick competence, recognised in Victorian common law.
Additional Steps in Victoria
If you believe treatment was provided without proper consent, contact the Health Complaints Commissioner (hcc.vic.gov.au or 1300 582 113). For guardianship matters, apply to VCAT Guardianship List. Create an advance care directive using the forms provided by the Office of the Public Advocate (publicadvocate.vic.gov.au).
Relevant Law: Medical Treatment Planning and Decisions Act 2016 (Vic); Guardianship and Administration Act 2019 (Vic); Charter of Human Rights and Responsibilities Act 2006 (Vic), s 10; Health Complaints Act 2016 (Vic)
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.