South Australian Consolidated Acts South Australian Consolidated Acts59—Consent of certain persons is effective
(1) Where it is
proposed to give medical or dental treatment (not being prescribed treatment)
to a person to whom this Part applies, the consent of the appropriate
authority to the treatment will be taken to be a consent given by the person
and to have the same effect for all purposes as if the person were capable of
giving effective consent.
(2) For the purposes
of subsection (1), the appropriate authority is—
(a) if a
guardian has been appointed in respect of the person under any Act or law, his
or her powers as guardian have not been limited so as to exclude the giving of
such consent and he or she is available and is willing to make a decision as
to consent—the guardian;
(b) in
any other case—
(i)
a relative of the person; or
(ii)
the Board, on application by—
(A) a relative of the person; or
(B) the medical practitioner, dentist or
other health professional proposing to give the treatment; or
(C) any other person who the Board is
satisfied has a proper interest in the matter.
(3) Where medical or
dental treatment (not being prescribed treatment) is given to a person to whom
this Part applies in the following circumstances it will be taken that an
effective consent was given to the treatment:
(a)
treatment given with the purported consent of the person, if the
medical practitioner, dentist or other health professional did not know and
could not reasonably be expected to have known that the person was incapable
of giving effective consent;
(b)
treatment given with the purported consent of a person who represented to the
medical practitioner, dentist or other health professional that he or she was
the appropriate authority for the purposes of giving consent, if the medical
practitioner, dentist or other health professional did not know and could not
reasonably be expected to have known that the person was not the appropriate
authority for giving consent.