South Australian Current Acts

CHILDREN AND YOUNG PEOPLE (SAFETY) ACT 2017 - SECT 35

35—Chief Executive may direct that child or young person be examined and assessed

        (1)         This section applies to a child or young person—

            (a)         who is, having been removed under section 41, in the custody of the Chief Executive; or

            (b)         in relation to whom an order of the Court under section 53 authorising examination or assessment is in force; or

            (c)         in relation to whom an instrument of guardianship or a restraining notice is in force; or

            (d)         in any other circumstances prescribed by the regulations.

        (2)         If the Chief Executive is of the opinion that it is necessary or desirable that a child or young person to whom this section applies be professionally examined or assessed, the Chief Executive may, by notice in writing, direct the child or young person to undergo such examination or assessment as may be specified in the notice.

        (3)         If the Chief Executive gives a direction under subsection (2), an employee of the Department may take the child or young person to such persons or places (including admitting the child or young person to hospital) as may be specified in the notice for the purpose of having the child or young person professionally examined, assessed or treated.

        (4)         Without otherwise limiting any Act or law regulating a particular health profession, a person to whom a child or young person is taken under this section may give such treatment to the child or young person as the person thinks necessary for alleviating any immediate injury or suffering of the child or young person.

        (5)         Without otherwise limiting the Consent to Medical Treatment and Palliative Care Act 1995 , a person who is to examine, assess or treat a child or young person in accordance with this section may do so despite the absence or refusal of the consent of the child or young person's parents or guardians.

        (6)         A person who examines, assesses or treats a child or young person in accordance with this section must, as soon as practicable after doing so, provide to the Chief Executive a written report on the examination, assessment or treatment.

Maximum penalty: $10 000.