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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Criminal Code (Medical
Treatment) Amendment
Bill 2009
Queensland
Criminal Code (Medical Treatment)
Amendment Bill 2009
Contents
Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Replacement of s 282 (Surgical operations) . . . . . . . . . . . . . . . . 4
282 Surgical operations and medical treatment . . . . . . . . 4
3 Insertion of new pt 9, ch 85 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Chapter 85 Transitional provision for the Criminal Code
(Medical Treatment) Amendment Act 2009
722 Retrospective application of amendment . . . . . . . . . . 5
2009
A Bill
for
an Act to amend the Criminal Code to ensure the lawfulness of
particular medical matters
Criminal Code (Medical Treatment) Amendment Bill 2009
[s 1]
The Parliament of Queensland enacts-- 1
Clause 1 Short title 2
This Act may be cited as the Criminal Code (Medical 3
Treatment) Amendment Act 2009. 4
Clause 2 Replacement of s 282 (Surgical operations) 5
Section 282-- 6
omit, insert-- 7
`282 Surgical operations and medical treatment 8
`(1) A person is not criminally responsible for performing or 9
providing, in good faith and with reasonable care and skill, a 10
surgical operation on or medical treatment of-- 11
(a) a person or an unborn child for the patient's benefit; or 12
(b) a person or an unborn child to preserve the mother's life; 13
if performing the operation or providing the medical treatment 14
is reasonable, having regard to the patient's state at the time 15
and to all the circumstances of the case. 16
`(2) If the administration by a health professional of a substance to 17
a patient would be lawful under this section, the health 18
professional may lawfully direct or advise another person, 19
whether the patient or another person, to administer the 20
substance to the patient or procure or supply the substance for 21
that purpose. 22
`(3) It is lawful for a person acting under the lawful direction or 23
advice, or in the reasonable belief that the advice or direction 24
was lawful, to administer the substance, or supply or procure 25
the substance, in accordance with the direction or advice. 26
`(4) In this section-- 27
health professional has the same meaning as in the Health 28
Services Act 1991, section 60. 29
Page 4
Criminal Code (Medical Treatment) Amendment Bill 2009
[s 3]
medical treatment, for subsection (1)(a), does not include 1
medical treatment intended to adversely affect an unborn 2
child. 3
patient means the person or unborn child on whom the 4
surgical operation is performed or of whom the medical 5
treatment is provided. 6
Clause 3 Insertion of new pt 9, ch 85 7
Part 9-- 8
insert-- 9
`Chapter 85 Transitional provision for the 10
Criminal Code (Medical 11
Treatment) Amendment Act 12
2009 13
`722 Retrospective application of amendment 14
`(1) This Code as amended by the Criminal Code (Medical 15
Treatment) Amendment Act 2009, section 2 applies to 16
proceedings for an offence-- 17
(a) started but not finished before 19 August 2009; or 18
(b) started after 19 August 2009, whether the act or 19
omission constituting the offence happened before or 20
after 19 August 2009. 21
`(2) Subsection (1) does not apply to proceedings for an appeal 22
against a conviction or sentence that happened before 19 23
August 2009.'. 24
© State of Queensland 2009
Page 5
AMENDMENTS TO BILL
Criminal Code (Medical Treatment) Amendment Bill 2009
Criminal Code (Medical Treatment)
Amendment Bill 2009
Amendments agreed to during Consideration
1 Insertion of new clause 1A--
Page 4, after line 4--
insert--
`1A Code amended
This Act amends the Criminal Code.'.
2 Clause 2 (Replacement of s 282 (Surgical operations))--
Page 5, after line 6--
insert--
`surgical operation, for subsection (1)(a), does not include a
surgical operation intended to adversely affect an unborn
child.'.'.
© State of Queensland 2009
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