South Australian Consolidated Acts

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CHILDREN'S PROTECTION ACT 1993 - SECT 26

26—Examination and assessment of children

        (1)         While—

            (a)         a child is in the custody of the Minister pursuant to having been removed from any person, premises or place under Division 2; or

            (b)         an investigation and assessment order under Division 4 authorising examination and assessment of a child is in force,

an employee of the Department may take the child to such persons or places (including admitting the child to hospital) as the Chief Executive may authorise for the purpose of having the child professionally examined, tested or assessed.

        (2)         A medical practitioner or dentist to whom a child is referred under this section may give such treatment to the child as he or she thinks necessary for alleviating any immediate injury or suffering of the child.

        (3)         A person who is to examine, test, assess or treat a child pursuant to this section may do so despite the absence or refusal of the consent of the child's guardians, but nothing in this section requires the person to carry out any examination, test, assessment or treatment if the child refuses consent.

        (4)         A person to whom a child is referred under this section, or the agency for whom the person works, must, as soon as practicable after any examination, assessment, test or treatment of the child is completed, furnish the Chief Executive with a written report on the examination, assessment, test or treatment.

        (5)         A person who is required to furnish a report under subsection (4) does not, insofar as he or she has acted in good faith, incur any civil liability in respect of complying with the requirement.



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