CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 73
Compulsory medical treatment
CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 73
Compulsory medical treatment
73 Compulsory medical treatment
(1) A medical practitioner (whether that
practitioner is a medical officer or not) may carry out medical treatment on
an inmate without the inmate's consent if the Chief Executive, Justice Health
is of the opinion, having taken into account the cultural background and
religious views of the inmate, that it is necessary to do so in order to save
the inmate's life or to prevent serious damage to the inmate's health.
(2)
Medical treatment carried out on an inmate under this section is, for all
purposes, taken to have been carried out with the inmate's consent.
(3)
Nothing in this section relieves a medical practitioner from liability in
respect of the carrying out of medical treatment on an inmate, being a
liability to which the medical practitioner would have been subject had the
treatment been carried out with the inmate's consent.
(4) If the Chief
Executive, Justice Health is not a medical practitioner, the reference to the
Chief Executive, Justice Health in subsection (1) is taken to be a reference
to a person, designated by the Chief Executive for the purposes of that
subsection, who is a medical practitioner.
