South Australian Consolidated Acts South Australian Consolidated Acts61—Prescribed treatment not to be carried out without Board's consent
(1) Except where
circumstances exist for the giving of emergency medical treatment under the
Consent to Medical Treatment and Palliative Care Act 1995 , but otherwise
notwithstanding that Act, a medical practitioner must not give
prescribed treatment to a person to whom this Part applies—
(a)
without the Board's consent; and
(b)
otherwise than in accordance with the regulations.
Maximum penalty: $10 000 or imprisonment for 2 years.
(2) The Board cannot
consent to a sterilisation unless—
(a) it
is satisfied that it is therapeutically necessary for the sterilisation to be
carried out on the person; or
(b) it
is satisfied—
(i)
that there is no likelihood of the person acquiring at
any time the capacity to give an effective consent; and
(ii)
that the person is physically capable of procreation; and
(iii)
that—
(A) the person is, or is likely to be,
sexually active, and there is no method of contraception that could, in all
the circumstances, reasonably be expected to be successfully applied; or
(B) in the case of a woman, cessation of
her menstrual cycle would be in her best interests and would be the only
reasonably practicable way of dealing with the social, sanitary or other
problems associated with her menstruation,
and has no knowledge of any refusal on the part of the person to consent to
the carrying out of the sterilisation, being a refusal that was made by the
person while capable of giving effective consent and that was communicated by
the person to a medical practitioner.
(3) The Board cannot
consent to a termination of pregnancy unless it is satisfied—
(a) that
the carrying out of the termination would not constitute an offence under the
Criminal Law Consolidation Act 1935 ; and
(b) that
there is no likelihood of the woman acquiring the capacity to give an
effective consent within the period that is reasonably available for the safe
carrying out of the termination,
and has no knowledge of any refusal on the part of the woman to consent to the
termination, being a refusal that was made while capable of giving effective
consent and that was communicated by her to a medical practitioner.
(4) The Board cannot
consent to the carrying out of any other prescribed treatment unless it is
satisfied as to prescribed matters.
(5) Before consenting
to the carrying out of any prescribed treatment in relation to a person to
whom this Part applies, the Board must, if it thinks it appropriate to do so,
allow such of the person's parents whose whereabouts are reasonably
ascertainable a reasonable opportunity to make submissions to the Board on the
matter, but the Board is not required to do so if of the opinion that to do so
would not be in the best interests of the mentally incapacitated person.
(6) A decision of the
Board to give consent under this section has no force or effect until the
period for appeal against the decision has expired or, if an appeal has been
instituted, until the appeal is dismissed or withdrawn.