Victorian Consolidated Legislation

Guardianship and Administration Act 1986 - SECT 42K

Medical or dental treatment without consent of person responsible

42K. Medical or dental treatment without consent of person responsible



(1) Subject to section 41, a registered practitioner may carry out, or
supervise the carrying out of, medical or dental treatment under this section
without the consent of the person responsible if-

   (a)  the practitioner has made reasonable efforts-

   (i)  to ascertain whether there is a person responsible and, if so, who
        that person is; and

   (ii) if the practitioner ascertains who the person responsible is, to
        contact that person to obtain his or her consent to the proposed
        treatment- but the practitioner has been unable to ascertain whether
        there is a person responsible or who that person is or to contact that
        person; and

   (b)  the practitioner believes on reasonable grounds that the proposed
        treatment is in the best interests of the patient; and

   (c)  the practitioner, before carrying out, or supervising the carrying out
        of, the medical or dental treatment, gives notice to the Public
        Advocate in accordance with subsection (2).

(2) A notice referred to under subsection (1)(c) must include the following
information-

   (a)  the nature of the patient's condition;

   (b)  the medical or dental treatment the registered practitioner proposes
        carrying out on the patient; and

   (c)  that the practitioner believes on reasonable grounds that the proposed
        treatment is in the best interests of the patient; and

   (d)  that despite reasonable efforts by the practitioner, the practitioner
        has been unable to ascertain whether there is a person responsible for
        the patient or, if there is a person responsible, the practitioner has
        been unable to ascertain who that person is or to contact that person.

(3) A registered practitioner who carries out, or supervises the carrying out
of, medical or dental treatment on a patient under this section must state in
writing in the clinical records relating to that patient-

   (a)  why the treatment is considered to be in the best interests of the
        patient; and

   (b)  how the treatment is considered to promote or maintain the health and
        well-being of the patient.