New South Wales Consolidated Acts

CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 177

177 Ordinary medical and dental treatment

(1) This section applies to a child, being--

(a) a child who resides in out-of-home care in accordance with this Act, or

(b) a child (other than a child referred to in paragraph (a)) who is in the care of a person (other than the parent or guardian of the person of the child, as referred to in section 49(1) of the Minors (Property and Contracts) Act 1970 ) pursuant to any law, whether or not of New South Wales.

(2) If a person authorised by this Act consents to medical or dental treatment of a child to whom this section applies being carried out, it is taken, for the purposes of section 49 of the Minors (Property and Contracts) Act 1970 , that a parent or guardian of the person of the child consented to the treatment being carried out.

(3) This section does not affect--

(a) such operation as a consent (whether or not a consent referred to in subsection (2) or in section 49 of the Minors (Property and Contracts) Act 1970 ) may have otherwise than as provided by this section, or

(b) the circumstances in which medical or dental treatment may be justified in the absence of consent.