New South Wales Consolidated Acts

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CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 157

Care responsibility

157 Care responsibility

(1) The authorised carer of a child or young person has authority to do any of the following:
(a) to consent to medical treatment, not involving surgery, for the child or young person on the advice of a medical practitioner,
(b) to consent to medical treatment involving surgery that a medical practitioner certifies in writing needs to be carried out as a matter of urgency in the best interests of the child or young person,
(b1) to consent to dental treatment (including treatment involving minor dental surgery) that a dentist has advised needs to be carried out for the child or young person,
(b2) to consent to dental treatment involving dental surgery other than minor dental surgery that a dentist certifies in writing needs to be carried out as a matter of urgency in the best interests of the child or young person,
(c) to correct and manage the behaviour of the child or young person, subject to the regulations,
(d) to give permission to participate in activities, such as school excursions, that are organised for the child or young person,
(e) to make other decisions that are required in the day-to-day care and control of the child or young person.
(2) The authorised carer of a child or young person has authority to exercise any aspects of parental responsibility that are delegated to the authorised carer in accordance with this Act.
Aspects of parental responsibility that may be delegated include:
(a) the power to give consent to medical and dental treatment involving surgery, other than urgent treatment, and
(b) the power to make decisions concerning the education and training of the child or young person, and
(c) the power to give a consent on behalf of the child or young person, or to make an application on his or her behalf, for any purpose for which the consent or authorisation of a parent is required, other than:
(i) an application for a passport, or
(ii) consent to marriage.
(3) The exercise of a function under this section by an authorised carer is subject to any written direction given by the designated agency that placed the child or young person in the daily care and control of the authorised carer, or the Children's Guardian.
(4) An authorised carer:
(a) may provide a child or young person with whatever religious instruction (if any) the authorised carer considers to be appropriate, and
(b) may allow the child or young person to participate in religious activities,
unless a direction to the contrary has been given to an authorised carer by the designated agency responsible for the placement of the child or young person or the Children's Guardian.
(5) In this section:

"minor dental surgery" means a tooth extraction, the filling of a decayed tooth, root canal work or a repair to a broken or chipped tooth.
Note : Section 177 gives protection to medical and dental practitioners in relation to children in respect of whom consent is given by the authorised carer under this section, but not in relation to young persons in respect of whom such consent is given. In the case of young persons, the young person's consent is also required.



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