Commonwealth Numbered Regulations

1992 No. 367 MIGRATION (1993) REGULATIONS - REG 7.22

7.22. (1) For the purposes of subsection 113 (2) of the Act, the Secretary may
cause medical treatment to be given to a detainee without the detainee's
consent.

(2) The power conferred by subregulation (1) may be exercised only if:

   (a)  the detainee:

        (i)    has refused or failed to consent to the medical treatment; or

        (ii)   is not reasonably capable of giving consent to the
               medical treatment; and

   (b)  a legally qualified medical practitioner has stated in writing that
        there is a serious risk to the life or health of the detainee and that
        the medical treatment is reasonably necessary to safeguard the life or
        health of the detainee.

(3) The Secretary and persons acting at the direction of the Secretary may use
reasonable force for the purpose of giving medical treatment, or enabling
medical treatment to be given, in accordance with this regulation.

(4) In this regulation:

"detainee" means a person held at a detention centre in custody under the Act;

"medical treatment" includes the administration of nourishment and fluids;

"reasonable force" includes the reasonable use of restraint and sedatives.