Commonwealth Numbered Regulations

1992 No. 451 MIGRATION REGULATIONS (AMENDMENT) - REG 2

2.1 Omit the regulation, substitute: Medical treatment of persons in custody
under the Act

"182C. (1) In this regulation:
'detainee' means a person held at a detention centre in custody under the Act;
'medical treatment' includes:

   (a)  the administration of nourishment and fluids; and

   (b)  treatment (including surgery) in a hospital.

"(2) The Secretary may authorise medical treatment to be given to a detainee
if:

   (a)  the Secretary, acting in person and on the written advice of:

        (i)    a Commonwealth Medical Officer; or

        (ii)   another registered medical practitioner; forms the opinion
               that:

        (iii)  that detainee needs medical treatment; and

        (iv)   if medical treatment is not given to that detainee, there will
               be a serious risk to his or her life or health; and

   (b)  that detainee fails to give, refuses to give, or is not reasonably
        capable of giving, consent to the medical treatment.

"(3) An authorisation by the Secretary under subregulation (2) is authority
for the use of reasonable force (including the reasonable use of restraint and
sedatives) for the purpose of giving medical treatment to a detainee.

"(4) A detainee to whom medical treatment is given under an authorisation
under subregulation (2) is taken for all purposes to have consented to the
treatment.

"(5) Medical treatment that is given under an authorisation under
subregulation (2) must be given by, or in the presence of, a registered
medical practitioner.

"(6) Nothing in this regulation authorises the Secretary to require a
registered medical practitioner to act in a way contrary to that medical
practitioner's ethical, moral or religious convictions.". 

3.1 Omit the regulation.