Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) In this section:
"blood transfusion" means the transfusion of human blood or any of the constituents of human blood.
"child" means a person who has not turned 18 years old.
(2) The operation of removing all or part of the blood of a person and replacing it with blood taken from another person shall, for this section, be deemed to be a blood transfusion.
(3) Subject to subsection (4), a medical practitioner may administer a blood transfusion to a child without the consent of a parent of the child or a person having authority to consent to the administration of the transfusion if—
(a) that medical practitioner and at least 1 other medical practitioner are of the opinion that the child is in danger of dying and that the administration of a blood transfusion to the child is the best means of preventing the death of the child; and
(b) the firstmentioned medical practitioner has satisfied himself or herself that the blood to be transfused is compatible with the blood of the child.
(4) A medical practitioner is not entitled to administer a blood transfusion to a child under subsection (3) unless—
(a) a parent of the child, or a person having authority to consent to the administration of the transfusion, on being asked to consent to the administration of the transfusion, has failed to give his or her consent; or
(b) the medical practitioner is of the opinion that, in the circumstances, it is not practicable to delay the administration of the transfusion until the consent of a parent of the child or a person having authority to consent to the administration of the transfusion can be obtained.
(5) If 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 of the transfusion.
(6) Nothing in this section relieves a medical practitioner from liability in relation to the administration of a blood transfusion to a child, being a liability to which he or she 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.