Northern Territory Consolidated Acts Northern Territory Consolidated Acts3. Performance of operation without consent
(1) Subject to this section, a medical practitioner may perform an operation on a patient without the consent of the patient or of any other person having authority in law to give consent to the performance of the operation if that medical practitioner is, and, in the case of a patient who is an infant, that medical practitioner and at least one other medical practitioner are, of the opinion that -
(a) the patient is in danger of dying or of suffering a serious permanent disability; and
(b) the performance of an operation on the patient is desirable in order to prevent the death of the patient or the occurrence of the disability.
(2) A medical practitioner is not entitled to perform an operation, being a blood transfusion, in pursuance of subsection (1), unless he is satisfied that the blood to be transfused is compatible with the blood of the patient.
(3) A medical practitioner is not entitled to perform an operation under subsection (1) on a patient, not being a person who is an infant or is otherwise incapable in law of giving his consent to the performance of an operation on himself, unless -
(a) the patient is, by reason of his medical condition, incapable of giving his consent to the performance of the operation; and
(b) the medical practitioner is of the opinion that, in the circumstances, it is not practicable to delay the performance of the operation until the consent of the patient or of his next of kin can be sought.
(4) A medical practitioner is not entitled to perform an operation on a patient, being an infant, in pursuance of subsection (1) -
(a) unless the medical practitioner is of the opinion that, in the circumstances, it is not practicable to delay the performance of the operation until the consent of a de facto partner or parent or guardian of the infant, if the infant is unmarried, or of his next of kin, if he is married, as the case may be, to the performance of the operation can be sought; or
(b) unless a de facto partner or parent or guardian of the infant, if the infant is unmarried, or of his next of kin, if he is married, as the case may be, upon being asked to give consent to the performance of the operation has failed to give that consent.
(5) A medical practitioner is not entitled to perform an operation in pursuance of subsection (1) on a patient, being a person, other than an infant, who is incapable in law of giving his consent to the performance of an operation on himself, unless the medical practitioner is of the opinion that, in the circumstances, it is not practicable to delay the performance of the operation until the consent of the person having authority in law to consent to the performance of the operation can be sought.
(6) Where an operation is performed in accordance with this section, the operation shall, for all purposes, be deemed to have been performed with the consent of the person having authority in law to consent to the performance of the operation.