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CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 175

Special medical treatment

175 Special medical treatment

(1) A person must not carry out special medical treatment on a child otherwise than in accordance with this section.
Penalty on indictment: imprisonment for 7 years.
Note : An offence against subsection (1) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation--see section 258.
(2) A medical practitioner may carry out special medical treatment on a child if:
(a) the medical practitioner is of the opinion that it is necessary, as a matter of urgency, to carry out the treatment on the child in order to save the child's life or to prevent serious damage to the child's health, or
(b) the Civil and Administrative Tribunal, in the case of special medical treatment described in paragraph (a), (b) or (c) of the definition of
"special medical treatment" in subsection (5), consents to the carrying out of the treatment, or
(c) consent is granted to the carrying out of the treatment in accordance with the regulations, or
(d) the Secretary, in the case of special medical treatment described in paragraph (c1) of the definition of
"special medical treatment" in subsection (5), grants an exemption under subsection (4A).
(3) Consent to the carrying out of special medical treatment on a child must not be given by the Civil and Administrative Tribunal unless the Civil and Administrative Tribunal is satisfied that it is necessary to carry out the treatment on the child in order to save the child's life or to prevent serious damage to the child's psychological or physical health.
(4A) The Secretary may, by order in writing, grant an exemption (either generally or in a particular case) in relation to the administration of a drug referred to in paragraph (c1) of the definition of
"special medical treatment" in subsection (5) on the written request of the Secretary of the Ministry of Health.
Note : A copy of the general exemption issued by the Secretary can be accessed at the Department's website.
(4B) If the Secretary of the Ministry of Health makes a written request under subsection (4A) for an exemption in relation to the administration of a particular drug to a particular child and does not receive notification of the decision of the Secretary of the Department within 21 days after the making of the request, the exemption is taken to have been granted on the expiration of the 21-day period.
(5) In this section:

"medical treatment" includes:
(a) any medical procedure, operation or examination, and
(b) any treatment, procedure, operation or examination that is declared by the regulations to be medical treatment for the purposes of this section.

"special medical treatment" means:
(a) any medical treatment that is intended, or is reasonably likely, to have the effect of rendering permanently infertile the person on whom it is carried out, not being medical treatment:
(i) that is intended to remediate a life-threatening condition, and
(ii) from which permanent infertility, or the likelihood of permanent infertility, is an unwanted consequence, or
(b) any medical treatment for the purpose of contraception or menstrual regulation declared by the regulations to be a special medical treatment for the purposes of this section, or
(c) any medical treatment in the nature of a vasectomy or tubal occlusion, or
(c1) any medical treatment that involves the administration of a drug of addiction within the meaning of the Poisons and Therapeutic Goods Act 1966 over a period or periods totalling more than 10 days in any period of 30 days, or
Note : A drug of addiction is a substance specified in Schedule Eight of the Poisons List proclaimed under the Poisons and Therapeutic Goods Act 1966 . The Poisons List adopts by reference, with certain modifications, Schedules 1-8 of the Poisons Standard under the Therapeutic Goods Act 1989 of the Commonwealth. See also the Poisons List information available at www.health.nsw.gov.au/resources/publichealth/pharmaceutical/poisons_list_pdf.asp.
(c2) any medical treatment that involves an experimental procedure that does not conform to the document entitled National Statement on Ethical Conduct in Human Research 2007 published by the National Health and Medical Research Council in 2007 and updated in 2013, or
Note : A copy of the National Statement on Ethical Conduct in Human Research 2007 can be found at www.nhmrc.gov.au/guidelines/publications/e72.
(d) any other medical treatment that is declared by the regulations to be special medical treatment for the purposes of this section.
(6) Any thing that was done before the commencement of a regulation made for the purposes of subsection (2) (c) and that would have been lawful if the regulation had been in force at the time the thing was done is taken to have been lawfully done at the time that it was done.



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