Victorian Consolidated Legislation

Guardianship and Administration Act 1986 - SECT 42A

Emergency medical or dental treatment

42A. Emergency medical or dental treatment





(1) A registered practitioner may carry out, or supervise the carrying out of,
a special procedure, a medical research procedure or medical or dental
treatment on a patient without consent under this Part or authorisation under
section 42T if the practitioner believes on reasonable grounds that the
procedure or treatment is necessary, as a matter of urgency-

   (a)  to save the patient's life; or

   (b)  to prevent serious damage to the patient's health; or

   (c)  in the case of a medical research procedure or medical or dental
        treatment, to prevent the patient from suffering or continuing to
        suffer significant pain or distress.

(2) A registered practitioner who, in good faith, carries out, or supervises
the carrying out, of a special procedure, a medical research procedure or
medical or dental treatment in the belief on reasonable grounds that the
requirements of this Division and, in the case of a medical research
procedure, section 42Q have been complied with is not-

   (a)  guilty of assault or battery; or

   (b)  guilty of professional misconduct; or





   (c)  liable in any civil proceedings for assault or battery; or



   (d)  guilty of an offence against section 42G(1) or 42Y(1).



(3) Nothing in this Division affects any duty of care owed by a registered
practitioner to a patient.

Division 4-Special procedures