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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Consent to Medical Treatment and Palliative Care
(Parental Consent) Amendment Bill 2009
A BILL FOR
An Act to amend the Consent to Medical Treatment and Palliative Care
Act 1995.
Contents
Part 1—Preliminary
1 Short
title
2 Amendment provisions
Part 2—Amendment of Consent to Medical Treatment
and Palliative Care Act 1995
3 Amendment of section
3—Objects
4 Amendment of section 4—Interpretation
5 Amendment
of section 12—Administration of medical treatment to a child
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Consent to Medical Treatment and Palliative
Care (Parental Consent) Amendment Act 2009.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Consent to Medical Treatment and Palliative
Care Act 1995
3—Amendment of
section 3—Objects
Section 3(a)(i)—delete "16 years" and substitute:
18 years
4—Amendment of
section 4—Interpretation
Section 4, definition of child—delete the definition
and substitute:
child means a person under 18 years of age;
5—Amendment of
section 12—Administration of medical treatment to a
child
(1) Section 12(b)—delete paragraph (b) and substitute:
(b) in circumstances where no parent or guardian can be contacted within a
reasonable time—
(i) the child consents; and
(ii) the medical practitioner who is to administer the treatment is of the
opinion that the child is capable of understanding the nature, consequences and
risks of the treatment and that the treatment is in the best interest of the
child's health and well-being; and
(iii) that opinion is supported by the written opinion of at least
1 other medical practitioner who personally examines the child before the
treatment is commenced.
(2) Section 12—after its current contents as amended by this section
(now to be designated as subsection (1)) insert:
(2) Subsection (1)(b) only applies where reasonable efforts have been made
by the medical practitioner, in good faith, to contact a parent or
guardian.