COVID-19 vaccine and the role of legally appointed guardians
Written by Rachel Zarb
As the risk of COVID-19 increases, advice regarding vaccines continues to be updated.
On 24 July 2021, the Australian Technical Advisory Group on Immunisation (ATAGI) recommended that all individuals aged 18 years and above in Greater Sydney, including adults under 60 years of age, should strongly consider getting vaccinated with any available COVID-19 vaccine, including AstraZeneca.
In addition, ATAGI advised that people in areas where outbreaks are occurring can receive the second dose of the AstraZeneca vaccine four to eight weeks after the first dose, rather than the usual 12 weeks, to bring forward optimal protection.
Read the statement from ATAGI.
Your role as guardian
If a person is able to provide their own informed consent, there is no need for a guardian or person responsible to provide consent for the vaccination.
However, if the person cannot provide their own informed consent to receive a COVID-19 vaccine, then consent should be sought from their person responsible. This is because the vaccine is considered a minor medical treatment under Part 5 of the Guardianship Act 1987 (NSW).
The purpose of Part 5 of the Guardianship Act is to highlight that people, regardless of disability, have the right to receive necessary medical treatment that promotes their health and wellbeing.
As a person’s guardian or person responsible, a medical practitioner should provide you with information about the general nature and effects of the vaccine and the risks. They should take into consideration the person’s other health issues and any medications they are receiving.
In this instance, a registered nurse is not considered a medical practitioner.
The medical practitioner should also assess if the vaccine that is being recommended is suitable for the person.
You and the medical practitioner should sign the consent form developed by the Australian Government Department of Health. Consent can also be provided verbally, if you are satisfied the decision is in the person’s interests and all the information has been considered.
It’s important to note that the one consent covers both doses of the vaccine.
Information to consider when making a decision about a COVID-19 vaccine
As with any guardianship decision, it’s important to seek and consider, where possible, the views of the person you are making the decision for.
Some questions you should consider include:
- Does the person, if they are under the age of 60, have access to the Pfizer vaccine?
- If the AstraZeneca vaccine is being recommended, do the benefits outweigh the risks?
- Have the risks for the individual person been considered, addressed and communicated to you by the treating medical practitioner?
- What supports are in place for the person in case they do experience any side effects?
Detailed information about the AstraZeneca vaccine is available from the Australian Department of Health.
More information
- Call the National Coronavirus and COVID-19 vaccine helpline on 1800 020 080.
- Make a COVID-19 vaccine enquiry.
- Read about the COVID-19 vaccine for people with disability and aged care residents.
Definitions
- person responsible
A person who can help decide what medical and dental treatment you receive if you can’t make those decisions yourself.
- consent
Permission for something to happen or agreement to do something.
- Consent
Permission for something to happen or agreement to do something.
Contact the Guardian Support Unit
Do you have questions about guardianship? Contact the Guardian Support Unit on 1300 361 389 or informationsupport@opg.nsw.gov.au.
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