New South Wales Consolidated Acts

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

Ordinary medical and dental treatment

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.



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