Page 111 - Registrar Orientation Manual 2016

Document reference:
1969
Effective date:
30 Mar 2010
Expiry date:
01 Jun 2013
Page:
19 of 24
Title:
Informed consent
Type:
Policy
Version:
03
Authorising initials:
5. Summaryofstatutoryexceptionstoinformedconsent
1. Abortions on persons who lack "mental
capacity"
S34 of Contraception, Sterilization and Abortion Act 1977 requires certain enquiries be made before an abortion is authorised to be performed on a person who lacks mental capacity to consent.
2. Definition/treatment of
alcoholics/drug addicts
Alcoholism and Drug Addiction Act 1966 – A Judge may issue orders for detention and treatment of alcoholics and drug addicts that require compliance.
3. Treatment of armed forces personnel
S72 of the Armed Forces Discipline Act 1971 provides a range of circumstances where an armed forces enlisted personnel must submit to treatment if ordered to do so.
4. Taking blood samples to detect
drink driving offences
S72, 73 and 74 of the Land Transport Act 1998 provides legal consent permitting the taking of blood samples from persons attending hospital or doctor's surgery suffering injury as a result of a motor vehicle accident.
5. Blood transfusions for persons under 18
years
S37 of the Care of Children Act 2004 provides immunity against civil and criminal liability and disciplinary proceedings to a medical practitioner in defined circumstances; necessary to save the life or prevent permanent injury to mental, physical health and where reasonable attempts to obtain consent of a guardian have been made, or such consent has been refused.
6. Civil proceedings
S100 of the Judicature Act provides that the High Court can order that a person submit to a medical examination where the physical or mental condition of a person party to the proceedings is relevant to any matter in question.
7. Contraception to persons who are
mentally subnormal
S4 of the Contraception, Sterilization and Abortion Act 1977 provides that women who are described as mentally subnormal, as defined by the Act, can be given contraceptives without their consent.
8. Examinations of children in public and
private schools
S125 of the Health Act 1956 permits the Medical Officer of Health to enter schools and child care centres to examine children (subject to the request of the school in the case of private schools). The Officer may examine any child at the school or centre. The prior consent of the parents is not required.
9. Court Order – children suspected to be suffering from ill
treatment, abuse or neglect
S49 and S53 of the Children Young Persons and Their Families Act 1989 contains provisions permitting clinicians to conduct certain examinations and report to the Court without their or their parent's consent, subject to certain provisions.
10. Treatment of suspected
infectious/venereal disease
S77 of the Health Act 1956 empowers a Medical Officer of Health (MOH) to enter any premises and examine any person believed to be suffering from, or recently exposed to, an infectious disease.
S88(1) of the Health Act 1956 makes it mandatory for persons suffering from venereal diseases to undergo treatment.
S90(10) of the Health Act 1956 requires parents or guardians of children suffering from venereal disease to make them available for treatment.