Page 112 - Registrar Orientation Manual 2016

Document reference:
1969
Effective date:
30 Mar 2010
Expiry date:
01 Jun 2013
Page:
20 of 24
Title:
Informed consent
Type:
Policy
Version:
03
Authorising initials:
11. Treatment of persons lacking capacity to
consent
Right 7(4) of the Code of Health and Disability Services Consumers’ Rights may apply.
12. Mentally ill persons
The Mental Health (Compulsory Assessment and Treatment) Act 1992. A person who is required to undergo assessment in terms of Part I of the Act or under an Order for compulsory treatment in terms of Part II, must comply subject to certain provisions.
13. Blood samples from
Police suspects
The Criminal Investigations (Bodily Samples) Act 1995. The High Court may order the taking of blood samples from suspects in Police investigations when suspect declines consent.
14. Post-Mortems
The Coroners Act 2006 empowers the Coroner to require a post- mortem.
15. Offence likely to cause immediate/serious
injury to person/property
S41 of the Crimes Act 1961 allows restraint without consent where there is the likelihood of suicide or an offence likely to cause immediate/serious injury to any person or property.
16. Examination and treatment of persons
with Tuberculosis
S9 of the Tuberculosis Act 1948 empowers a medical officer of health to require a person refusing/failing to undergo an examination to do so.
S16 of the Tuberculosis Act 1948. A District Court Judge may make an Order detaining a TB patient in hospital for a specified time to undergo treatment.
17. Persons under 16 years who lack
"capacity" to give consent
S36(3) of the Care of Children Act 2004 permits a guardian, person acting in place of a parent, District Court Judge or Chief Executive of the Department of Child Youth and Family Services to give consent to any medical, surgical or dental procedure. S31 of the Care of Children Act 2004 allows the High Court or Family Court to place a child under the Court’s guardianship. In this situation the Court or its agent can give consent to any form of medical treatment or procedure that is in that person’s welfare.
18. Welfare Guardians
The Protection of Personal and Property Rights Act 1988 allows the Court to appoint a Welfare Guardian to make decisions on behalf of a person 18 years of age or over who lacks capacity to make or communicate a decision.
It also enables a person to appoint an attorney to act for them in advance of incapacity.