NT acts on healthcare decision-making laws as COTA push for advance personal plan register

As new laws come into effect a leading voice for the elderly is urging all Territorians, young and old, to make a plan now for the unthinkable. Here’s why.

The leading voice for senior Territorians has welcomed new laws that streamline healthcare decisions for people incapable of having their say, but is urging the government to do more.

The NT government recently passed legislation that gives authority to a “hierarchy” of family and friends to make healthcare decisions for someone with impaired decision-making abilities, across emergency responses, palliative care and mental health treatment.

While this has long been happening in practice, the Territory was the only Australian jurisdiction without such laws.

Council on the Ageing NT chief executive Sue Shearer said the new legislation was important but encouraged the Territory government to build an online register of advance personal plans.

Council on the Ageing chief executive Sue Shearer welcomed the new laws but said a widespread campaign was needed to boost the number of advanced personal plans. Picture: Ivan Rachman

She said an APP was something everyone should have, including young people.

“If something happens to you, do you want a machine turned off? Where do you want to go?” she said.

“For people who might be in a really big car accident or have a fall or something and they lose their cognitive ability – what do you want to happen to you?

“It’s really important that all your wishes are in an APP and then also in a will.”

Ms Shearer said an online register, which COTA was also advocating for on a national level, would prevent “misunderstandings” among doctors, nurses and family as they made decisions at the end of someone’s life.

She also said it was particularly important for Aboriginal or migrant patients, whose first language might not be English.

Ms Shearer said aged care reforms often fell to the “bottom of the list” on government agendas, pointing to the Territory’s delayed action on voluntary assisted dying as just one example.

“It’s a shame because it’s really important, with an ageing population and especially in the Territory … we’re ageing faster than anywhere else in Australia,” she said.

“But it’s not just for seniors, end of life (reforms), it’s for all Territorians.”

Chief Minister and Health Minister Natasha Fyles said the new laws would help provide the highest quality health care. Picture: Glenn Campbell

Chief Minister Natasha Fyles said the new were important legislation as it established a “hierarchy of healthcare decision-makers”.

“The current situation regarding next of kin authority is confusing,” she said in parliament.

“It is not automatic for next of kin, family and friends to make decisions for a person with impaired decision-making capacity.

“This bill will create clear authority … in alignment with the adult’s known or previously held views and wishes.”

The CLP supported the new laws however opposition health spokesman Bill Yan warned an “immense” amount of pressure remained on healthcare providers treating patients without an APP.

“This new act will likely have minimal benefit when an advance personal plan has not been made and a decision-maker has not been identified in advance, or there is no single point of contact for decision-making that is clear,” he said on Wednesday.