Queensland Consolidated Acts

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TRANSPLANTATION AND ANATOMY ACT 1979 - SECT 20

Blood transfusions to children without consent

20 Blood transfusions to children without consent

(1) Where a blood transfusion is administered by a medical practitioner to a child, the medical practitioner or any person acting in aid of the medical practitioner and under the medical practitioner’s supervision in administering such transfusion, shall not incur any criminal liability by reason only that the consent of a parent of the child or a person having authority to consent to the administration of the transfusion was refused or not obtained if—
(a) in the opinion of the medical practitioner a blood transfusion was necessary to preserve the life of the child; and
(b) either—
(i) upon and after in person examining the child, a second medical practitioner concurred in such opinion before the administration of the blood transfusion; or
(ii) the medical superintendent of a base hospital, being satisfied that a second medical practitioner is not available to examine the child and that a blood transfusion was necessary to preserve the life of the child, consented to the transfusion before it was administered (which consent may be obtained and given by any means of communication whatever).
(2) Where a blood transfusion is administered to a child in accordance with this section, the transfusion shall, for all purposes, be deemed to have been administered with the consent of a parent of the child or a person having authority to consent to the administration.
(3) Nothing in this section relieves a medical practitioner from liability in respect of the administration of a blood transfusion to a child, being a liability to which the medical practitioner would have been subject if the transfusion had been administered with the consent of a parent of the child or a person having authority to consent to the administration of the transfusion.



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