South Australian Consolidated Acts

SEXUAL REASSIGNMENT ACT 1988 - SECT 6

6—Approvals

        (1)         A person must not carry out a reassignment procedure unless—

            (a)         the procedure is carried out at a hospital approved by the Minister for the purposes of this Act; and

            (b)         the person is a medical practitioner approved by the Minister to carry out reassignment procedures of the relevant kind.

Penalty: $8 000.

        (2)         The Minister will not approve a hospital unless satisfied—

            (a)         that the hospital is a suitable place for the carrying out of reassignment procedures; and

            (b)         that appropriate staff and facilities are available at the hospital to ensure that patients in relation to whom reassignment procedures are carried out receive proper counselling and care.

        (3)         The approval of a hospital will be subject to—

            (a)         a condition defining the kinds of reassignment procedures authorised to be carried out at the hospital; and

            (b)         a condition preventing the carrying out of reassignment procedures at the hospital unless appropriate staff and facilities for the counselling and care of the patient are available; and

            (c)         a condition requiring the hospital to keep specified records in relation to reassignment procedures carried out at the hospital, and in relation to any associated treatment; and

            (d)         such other conditions as the Minister thinks fit.

        (4)         The Minister will not approve a medical practitioner to carry out reassignment procedures of a particular kind unless satisfied that he or she is suitably qualified to carry out reassignment procedures of the relevant kind.

        (5)         The approval of a medical practitioner will be subject to—

            (a)         a condition defining the kinds of reassignment procedures authorised by the Minister; and

            (b)         such other conditions as the Minister thinks fit.

        (6)         It is an offence to contravene, or fail to comply with, a condition imposed under this section.

Penalty: $8 000.

        (7)         The Minister may, if satisfied that a hospital or medical practitioner has contravened, or failed to comply with, a condition of approval under this section, revoke the approval.

        (8)         Before the Minister acts under subsection (7), the Minister must allow the hospital or medical practitioner a reasonable opportunity to make submissions to the Minister in relation to the proposed action.