PART 2LACK OF CAPACITY: PROTECTION FROM LIABILITY, AND SAFEGUARDS

CHAPTER 1PROTECTION FROM LIABILITY, AND GENERAL SAFEGUARDS

10General limitations on section 9

I11

Section 9 does not exclude—

a

civil liability for loss or damage resulting from a person's negligence in doing an act; or

b

criminal liability resulting from such negligence.

2

Section 9 does not apply in relation to an act which is, or is done in the course of, psychosurgery.

3

Section 9 does not apply in relation to an act that conflicts with a decision concerning the care, treatment or personal welfare of a person (“P”) which—

a

is made in accordance with this Act by an attorney under a lasting power of attorney granted by P and is within the scope of the attorney's authority; or

b

is made in accordance with this Act by a deputy appointed for P by the court and is within the scope of the deputy's authority.

4

Nothing in subsection (3) prevents a person from—

a

providing life-sustaining treatment, or

b

doing an act which the person reasonably believes to be necessary to prevent a serious deterioration in P's condition,

while a decision as respects any relevant issue is sought from the court.

5

The Department may by regulations amend subsection (2) so as to extend the descriptions of treatment to which section 9 does not apply.