Victorian Consolidated Legislation

Human Tissue Act 1982 - SECT 24

Blood transfusions to children without consent

24. Blood transfusions to children without consent



(1) Where the consent of a parent of a child or of a person having authority
to consent to the administration of a blood transfusion to a child is refused
or not obtained and a blood transfusion is administered to the child by a
registered medical practitioner, the registered medical practitioner, or any
person acting in aid of the registered medical practitioner and under his
supervision in administering the transfusion shall not incur any criminal
liability by reason only that the consent of a parent of the child or a person
having authority to consent to the administration of the transfusion was
refused or not obtained if-

   (a)  in the opinion of the registered medical practitioner a blood
        transfusion was-

   (i)  a reasonable and proper treatment for the condition from which the
        child was suffering; and

   (ii) that without a blood transfusion the child was likely to die; and

   (b)  either-

   (i)  after in person examining the child, a second registered medical
        practitioner concurred in that opinion before the administration of
        the blood transfusion; or

   (ii) where the child is in a hospital the chief medical administrator or
        medical superintendent of the hospital, being satisfied that a second
        registered medical practitioner was not available to examine the child
        and that a blood transfusion was a reasonable and proper treatment for
        the condition from which the child was suffering and that without a
        blood transfusion the child was likely to die, consented (either
        orally or in writing) to the transfusion before it was administered.

(2) Where a blood transfusion is administered to a child in accordance with
this section-

   (a)  the transfusion; and

   (b)  the taking of any step, including the taking of any blood sample from
        the child, which is needed to enable the transfusion to be
        administered-

are, for all purposes, deemed to have been administered or taken with the
consent of a parent of the child or of a person having authority to consent to
the administration of the transfusion.

(3) Nothing in this section relieves a registered medical practitioner from
liability in respect of anything for which he or she would have been liable
if-

   (a)  a blood transfusion had been administered; or

   (b)  a step needed to enable the transfusion to be administered had been
        taken-

with the consent of a parent of the child or a person having authority to
consent to the administration of the transfusion. __________________