GUARDIANSHIP AND ADMINISTRATION ACT 2000 - SECT 79 Offence to carry out health care unless authorised

GUARDIANSHIP AND ADMINISTRATION ACT 2000 - SECT 79

79 Offence to carry out health care unless authorised

(1) It is an offence for a person to carry out health care of an adult with impaired capacity for the health matter concerned unless—

(a) this or another Act provides the health care may be carried out without consent; or

Note—

See sections 63 (Urgent health care), 63A (Life-sustaining measure in an acute emergency) and 64 (Minor, uncontroversial health care).

(b) consent to the health care is given under this or another Act; or

(c) the health care is authorised by an order of the court made in its parens patriae jurisdiction.

Note—

"Court" means the Supreme Court—see schedule 4 (Dictionary). The parens patriae jurisdiction is based on the need to protect those who lack the capacity to protect themselves. It allows the Supreme Court to appoint decision-makers for people who, because of mental illness, intellectual disability, illness, accident or old age, are unable to adequately safeguard their own interests.

Penalty—

Maximum penalty—

(a) if special health care is carried out—300 penalty units; or

(b) if other health care is carried out—200 penalty units.

(2) This section has effect despite the Criminal Code , section 282 .