Victorian Consolidated Legislation

Guardianship and Administration Act 1986 - SECT 42L

Medical or dental treatment if person responsible does not consent

42L. Medical or dental treatment if person responsible does not consent



(1) Subject to section 41, a registered practitioner may carry out, or
supervise the carrying out of, medical or dental treatment under this section
if-

   (a)  the registered practitioner has consulted the person responsible for a
        patient; and

   (b)  the person responsible does not consent to the proposed medical or
        dental treatment; and

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

   (d)  the practitioner, within 3 days after the person responsible has
        communicated to the practitioner that he or she does not consent,
        gives to that person and the Public Advocate a statement under section
        42M.

(2) A registered practitioner must not carry out, or supervise the carrying
out of, any medical or dental treatment under this section (other than
emergency treatment)-

   (a)  if the person responsible does not apply to the Tribunal within 7 days
        after receiving a statement under section 42M, earlier than 7 days
        after giving the person responsible the statement; or

   (b)  if the person responsible applies to the Tribunal within 7 days after
        receiving a statement under section 42M, earlier than 14 days after
        giving the person responsible the statement; or

   (c)  if the Tribunal makes an order under section 42N that the treatment is
        not in the best interests of the patient; or

   (d)  if the person responsible appeals from an order of the Tribunal made
        under section 42N, before the determination of the appeal.

(3) If the person responsible does not apply to the Tribunal in accordance
with subsection (2)(a) and a registered practitioner carries out, or
supervises the carrying out of, medical or dental treatment on a patient under
this section, the practitioner 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.