South Australian Consolidated Acts South Australian Consolidated Acts13—Emergency medical treatment
(1) Subject to
subsection (3), a medical practitioner may lawfully
administer medical treatment to a person (the "patient") if—
(a) the
patient is incapable of consenting; and
(b) the
medical practitioner who administers the treatment is of the opinion that the
treatment is necessary to meet an imminent risk to life or health and that
opinion is supported by the written opinion of another medical practitioner
who has personally examined the patient; and
(c) the
patient (if of or over 16 years of age) has not, to the best of the medical
practitioner's knowledge, refused to consent to the treatment.
(2) A supporting
opinion is not necessary under subsection (1) if in the circumstances of
the case it is not practicable to obtain such an opinion.
(3) If—
(a) the
patient has appointed a medical agent; and
(b) the
medical practitioner proposing to administer the treatment is aware of the
appointment and of the conditions and directions contained in the medical
power of attorney; and
(c) the
medical agent is available to decide whether the medical treatment should be
administered,
the medical treatment may not be administered without the agent's consent.
(4) If no such medical
agent is available and a guardian of the patient is available, the medical
treatment may not be administered without the guardian's consent.
(5) If the patient is
a child, and a parent or guardian of the child is available to decide whether
the medical treatment should be administered, the parent's or guardian's
consent to the treatment must be sought but the child's health and well-being
are paramount and if the parent or guardian refuses consent, the treatment may
be administered despite the refusal if it is in the best interests of the
child's health and well-being.