MIGRATION REGULATIONS 1994 - REG 5.35 Medical treatment of persons in detention under the Act

MIGRATION REGULATIONS 1994 - REG 5.35

  (1)   In this regulation:

"detainee" means a person held at a detention centre in detention under the Act.

"medical treatment" includes:

  (a)   the administration of nourishment and fluids; and

  (b)   treatment in a hospital.

  (2)   The Secretary may authorise medical treatment to be given to a detainee if:

  (a)   the Secretary, acting in person and on the written advice of:

  (i)   a Commonwealth Medical Officer; or

  (ii)   another registered medical practitioner;

    forms the opinion that:

  (iii)   that detainee needs medical treatment; and

  (iv)   if medical treatment is not given to that detainee, there will be a serious risk to his or her life or health; and

  (b)   that detainee fails to give, refuses to give, or is not reasonably capable of giving, consent to the medical treatment.

  (3)   An authorisation by the Secretary under subregulation   (2) is authority for the use of reasonable force (including the reasonable use of restraint and sedatives) for the purpose of giving medical treatment to a detainee.

  (4)   A detainee to whom medical treatment is given under an authorisation under subregulation   (2) is taken for all purposes to have consented to the treatment.

  (5)   Medical treatment that is given under an authorisation under subregulation   (2) must be given by, or in the presence of, a registered medical practitioner.

  (6)   Nothing in this regulation authorises the Secretary to require a registered medical practitioner to act in a way contrary to the ethical, moral or religious convictions of that medical practitioner.