Victorian Consolidated Legislation

Guardianship and Administration Act 1986 - SECT 42O

Protection of registered practitioner

42O. Protection of registered practitioner



(1) A registered practitioner who, in good faith, carries out, or supervises
the carrying out of, medical or dental treatment on a patient in accordance
with this Division 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.

(2) A registered practitioner who, in good faith, carries out, or supervises
the carrying out of, medical or dental treatment on a patient in accordance
with this Division without the consent of another person and in the belief on
reasonable grounds that the requirements of this Division 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.

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

Division 6-Medical research procedures