Victorian Current Acts

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HUMAN TISSUE ACT 1982 - SECT 24

Blood transfusions to children without consent

S. 24(1) amended by No. 23/1994 s. 118(Sch. 1 item 27.12).

    (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—

S. 24(1)(a) amended by No. 23/1994 s. 118(Sch. 1 item 27.12).

        (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—

S. 24(1)(b)(i) amended by No. 23/1994 s. 118(Sch. 1 item 27.12).

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

S. 24(1)(b)(ii) amended by No. 23/1994 s. 118(Sch. 1 item 27.12).

              (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.

S. 24(2) substituted by No. 27/1987 s. 3(b).

    (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.

S. 24(3) substituted by No. 27/1987 s. 3(c), amended by No. 23/1994 s. 118(Sch. 1 item 27.12).

    (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.

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PART IV—DONATIONS OF TISSUE AFTER DEATH

S. 25 substituted by No. 27/1987 s. 3(d).



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