New South Wales Consolidated Acts

GUARDIANSHIP ACT 1987 - SECT 35

35 Offences

(1) A person must not carry out medical or dental treatment on a patient to whom this Part applies unless:

(a) consent for the treatment has been given in accordance with this Part, or

(b) the carrying out of the treatment is authorised by this Part without any such consent, or

(c) the treatment is carried out in accordance with an order made by the Supreme Court in the exercise of its jurisdiction with respect to the guardianship of persons.

Maximum penalty:

• in the case of special treatment or treatment in the course of a clinical trial (on conviction on indictment)--imprisonment for 7 years, or

• in the case of minor or major treatment (on summary conviction)--imprisonment for 1 year or 10 penalty units, or both.

(1A) Subsection (1) (c) does not apply in the case of special treatment that is special treatment of the kind referred to in paragraph (a) of the definition of
"special treatment" in section 33 (1) or special treatment prescribed by the regulations for the purposes of this subsection.

(2) This section does not limit the operation of any other Act or law under which minor treatment may be carried out on a person without that person's consent.