Western Australia Informed Consent Laws (2026)
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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 a right to enough information to make an informed decision. The doctrine in Australia comes from the High Court's Rogers v Whitaker (1992): a doctor must disclose any material risk — any risk that a reasonable person in your position would want to know. The case is still the bedrock for medical-negligence claims rooted in failure to warn.
The Australian Charter of Healthcare Rights overlays the common law with seven rights, including:
- Clear information about your condition, 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 point, even after you initially agreed
Consent must be voluntary. Pressure or coercion invalidates it. Where you lack capacity, a legally authorised substitute decision-maker — usually under a medical power of attorney — can consent for you.
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 Western Australia differs from federal law
Informed consent in WA is governed by common law principles and specific WA health and guardianship legislation. WA does not have a state human rights act.
- WA follows the common law standard established in Rogers v Whitaker (1992) — a health practitioner must inform the patient of material risks (risks that a reasonable person in the patient's position would want to know about).
- For patients who lack capacity, the Guardianship and Administration Act 1990 (WA) provides a decision-making framework. The State Administrative Tribunal (SAT) can appoint a guardian to make health decisions.
- WA's advance health directive provisions are found in the Guardianship and Administration Act 1990. An advance health directive allows a person to specify their treatment preferences and refuse specified treatments in case they lose decision-making capacity.
- WA enacted voluntary assisted dying legislation in 2019 under the Voluntary Assisted Dying Act 2019 (WA), which commenced in 2021. This requires a specific informed consent process with multiple safeguards.
Additional Steps in Western Australia
Discuss all treatment options with your health practitioner. For complaints about consent, contact the Health and Disability Services Complaints Office (HaDSCO) (hadsco.wa.gov.au or 08 6551 7600). For guardianship matters, contact SAT (1300 306 017) or the Office of the Public Advocate (publicadvocate.wa.gov.au). Prepare an advance health directive using the prescribed form.
Relevant Law: Guardianship and Administration Act 1990 (WA); Voluntary Assisted Dying Act 2019 (WA); Health Services Act 2016 (WA)
Common Questions
What is the informed consent right in Australia?
Before any medical treatment, you have a right to enough information to make an informed decision. The doctrine in Australia comes from the High Court's Rogers v Whitaker (1992): a doctor must disclose any material risk — any risk that a reasonable person in your position would want to know. The case is still the bedrock for medical-negligence claims rooted in failure to warn.The Australian Charter of Healthcare Rights overlays the common law with seven rights, including:Clear information about your condition, options, benefits, and risksAsk questions and receive answers you can understandAcce...
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.