Victorian Consolidated Legislation

Guardianship and Administration Act 1986 - SECT 42G

Special procedure without consent of Tribunal an offence

42G. Special procedure without consent of Tribunal an offence





(1) Subject to section 42A, a registered practitioner must not carry out, or
supervise the carrying out of, any special procedure on a patient unless-

   (a)  the Tribunal has consented to the carrying out of that procedure; or

   (b)  the person responsible with authority to consent to the continuation
        of the procedure or a further special procedure under section 42F has
        consented to the carrying out of that procedure.

Penalty: Imprisonment for 2 years or 240 penalty units or both.

(2) A registered practitioner who, in good faith, carries out, or supervises
the carrying out of, a special procedure on a patient in the belief on
reasonable grounds that the requirements of this Division have been complied
with and in reliance on-

   (a)  a consent given by another person whom the registered practitioner
        believed on reasonable grounds was authorised to give such consent; or

   (b)  a purported consent given by another person whom the registered
        practitioner believed on reasonable grounds was authorised to give
        such consent but was not so authorised-

is not-

   (c)  guilty of assault or battery; or

   (d)  guilty of professional misconduct; or

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



   (f)  guilty of an offence against subsection (1).





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

Division 5-Other medical or dental treatment