Queensland Consolidated Acts

CHILD PROTECTION ACT 1999 - SECT 97

97 Carrying out medical examinations or treatment

(1) This section applies if—

(a) an authorised officer or police officer—

(i) takes a child into the chief executive’s custody; and

(ii) seeks medical examination of, or treatment for, the child; or

Note—

Under section 18 (7) , an authorised officer or police officer may arrange for a child’s medical examination or treatment.

(b) a child is in the chief executive’s custody under this Act and the chief executive seeks medical examination of, or treatment for, the child; or

(c) an order for a child authorises the child’s medical examination or treatment.

Note—

Under section 28 (1) (b) a temporary assessment order may authorise the medical examination or treatment of the child. Also, under section 45 (1) (b) a court assessment order may authorise the medical examination or treatment of the child.

(2) A health practitioner may medically examine or treat the child.

(3) Subsection (2) applies even though the child’s parents have not consented to the examination or treatment.

(4) However, subsection (2) is subject to the rights the child has in relation to the examination or treatment.

(5) Also, the health practitioner may only carry out medical treatment that is reasonable in the circumstances.

(6) If this section applies because of subsection (1) (a) or (b) or because of an order mentioned in subsection (1) (c) that is an assessment order, the health practitioner must give the chief executive or police commissioner a report about the medical examination or treatment.

(7) For the purpose of deciding any liability in relation to the carrying out of the examination or treatment, the health practitioner is taken to have the consent of the child’s parents to the examination or treatment.

(8) In this section—

"treatment" includes vaccination.