What Is the Legal Age of Consent for Medical Treatment in Victoria

The Department of Child Welfare of the Ministry of Health and Social Welfare may specify who has parental responsibility for making decisions on medical treatment in respect of a child who is the subject of a child protection order. The Mental Health Act sets out requirements as to who can give alternative consent to patients 18 years of age and older and patients under 18 years of age. You can usually accept your own medical treatment if you are 16 years of age or older. If the Registered Psychiatrist is of the opinion that a patient who is currently unable to give informed consent to medical treatment is likely to be able to give informed consent within a reasonable time, the Licensed Psychiatrist shall not consent to medical treatment unless the delay in the administration or administration of medical treatment may result in Damage. Deterioration of the person`s mental or physical health. A person may withdraw consent before the start of treatment or during treatment. If the person withdraws consent, the processing must be stopped. Healthcare professionals only share information if it benefits your child`s treatment and care. Professionals will usually ask your child for permission to share information.

If there are certain things your child doesn`t want to share, encourage them to tell health care professionals. Medical treatment may be given to a patient 18 years of age or older who is unable to give informed consent to medical treatment, with the consent of the first of the persons listed below, who is reasonably available, willing and able to make a decision on the proposed medical treatment: The Mental Health Act allows a « naturopath » to perform medical treatment on a patient who is not able to give informed consent. medical treatment, in which medical treatment must be carried out urgently. A young patient under the age of 18 who is unable to give informed consent to medical treatment may receive medical treatment with the consent of the following persons: The Mental Health Act does not allow a licensed psychiatrist to make a treatment decision on the treatment of electroconvulsants or neurosurgery for a patient`s mental illness. See Electroconvulsive treatment and neurosurgery for mental illness for more information. Confidentiality is a legal requirement for doctors and other healthcare professionals, but confidentiality can be violated in certain circumstances. If the legal status of consent is unclear or there is a dispute over treatment, the court may make a decision based on the best interests of the child. In New South Wales, the law also requires certain treatments to be approved by the Guardianship Court.

12 In the case of children under 16 years of age, it is for the court to authorise: in addition, Article 12(b) of the Law authorises the medical treatment of a child if the child consents to it and if the attending physician considers that the child is able to understand the nature, consequences and risks of the treatment and that the treatment is in the best interests of the child`s health and well-being. The doctor should also seek the written advice of at least one other doctor who will personally examine the child before starting treatment. Note: The court may be asked to determine whether a child has « Gillick jurisdiction ». In doing so, he can take into account elements such as age, maturity, understanding of the proposed treatment, its effects and long-term consequences, the opinions of medical experts on the maturity, intelligence and understanding of the child, the emotional state. But much « will also depend on what is proposed in each individual case. » 18 In Australia, both parents and young people have the right to consent to the treatment of a young person. If the minor is older, their preferences and values are more likely to be known. In this situation, the medical treatment decision-maker is legally required to make the decision that he or she reasonably believes the minor would make if she had the capacity to make decisions. This is a different test from a « best interest » decision.

The requirements for informed consent to medical treatment are the same as the requirements for treatment. The Supreme Court may set aside the decision of the mature minor and/or his or her parent regarding medical treatment if it considers that the decision is not in the best interests of the child. The 15-year-old patient asked her GP if everything she had said during the consultation would be kept secret. The GP said she could not give an absolute guarantee, but that any information provided to her by a patient would generally be treated confidentially. The girl then told the GP that she had a 16-year-old boyfriend and would like to start taking the oral contraceptives, insisting that she did not want her parents to know that she was sexually active and that she was taking the pill. The GP was unsure of her legal position in treating a patient without her parents` consent. Dr. Sara Bird, director of forensic and advisory services at MDA National, told newsGP that consent is required for all aspects of treatment.

« Sometimes people just think of consent in terms of surgery, » Dr. Bird said. « By law, you must have consent for any procedure, including taking a medical history and performing a physical examination. » Who can give consent? « It is assumed that all adult patients are able to give consent to their own treatment, » said Dr. Bird. « Consent to the medical treatment of patients under the age of 18 is usually given by parents or guardians in Australia. » According to Dr. Bird, when giving consent, parents are required to act in the best interests of the child or young person. However, there are circumstances in which patients under the age of 18 could consent to their own medical treatment. The common law or legislation M. Bird said the law can refer to the common law (based on previous cases) or legislation.

In Australia, only South Australia (SA) and New South Wales (NSW) have specific legislation on the medical treatment of children, with legislation for the rest of the country based on a 1986 decision of the English House of Lords, Gillick v West Norfolk and Wisbech Area Health Authority. « In New South Wales, the Minors (Properties and Contracts) Act 1970 provides guidance for the medical and dental treatment of children and young people, » said Dr Bird. « Section 49 of the Act states that a physician who performs treatment with the consent of a child 14 years of age or older has a defence against any claim of bodily injury or assault. « This law does not help a doctor in a situation where there is a conflict between a child and his or her parents and a parent may be able to override a child`s consent to treatment. » Dr Bird said the Consent to Medical Treatment and Palliative Care Act 1995 outlines the legal requirements for obtaining consent from doctors and dentists in South Africa. This law stipulates that a child over the age of 16 can validly consent to his or her own medical treatment as if he or she were an adult. In addition, a child under the age of 16 may accept medical procedures if: If you are an Australian citizen or permanent resident, you will have access to Medicare. When you see a doctor, you will need to show your Medicare or your parents` Medicare card. This means that if you see a doctor who creates mass bills, you don`t have to pay.

If the doctor doesn`t make a mass bill, you`ll have to pay, but the government will reimburse you some of the money. If you are 15 years of age or older, you can apply for your own health insurance card. If you are under the age of 15, you will still need to use your parents` ID. If you`re 14 or older, Medicare can`t give your parents details of your medical treatment, but your parents may know you`ve seen a doctor. A licensed medical practitioner may perform a blood transfusion even if the parent or child does not agree (section 24 of the Human Tissues Act 1982). Part 4 of the Medical Treatment Planning and Decisions Act does not contain anything that interferes with the application of this provision. Articles 62 and 67 are limited to important medical treatments. If it is not important or if it is not a medical treatment (as defined), there is no jurisdiction.