Victorian Repealed Acts

This legislation has been repealed.

Children and Young Persons Act 1989 - SECT 271

Powers of Secretary in relation to medical services and operations

271. Powers of Secretary in relation to medical services and operations



(1) The Secretary may at any time order that a person-



   (a)  in the care or custody of the Secretary as the result of-

   (i)  an interim accommodation order; or

   (ii) a custody to Secretary order; or

   (iii) a guardianship to Secretary order; or



   (b)  in the legal custody of the Secretary as provided by section 253; or



   (ba) placed with a suitable person or suitable persons or in a
        community service approved under section 58(1) as a result of an
        interim accommodation order; or

   (c)  in safe custody under section 69, 79(5), 80(3) and (4), 80A(5) and
        (6), 95(3), 95(4) (including sections 95(3) and 95(4) as applied to a
        supervised custody order by section 98(3)), 110(2A), 111(3) or 111(4)-

be examined to determine his or her medical, physical, intellectual or mental
condition.

(2) The Minister and the Minister administering Division 1 of Part II of the
Health Act 1958 may make arrangements for the provision of any necessary
medical, dental, psychiatric, psychological or pharmaceutical services to
persons referred to in sub-section (1) or to any class or classes of those
persons or to any other persons placed in a community service.

(3) On the advice of a legally qualified medical practitioner that medical
treatment or a surgical or other operation or admission to hospital is
necessary in the case of a child referred to in sub-section (1)(a)(ii) or
(iii) or (b), the Minister, the Secretary or any person (other than an officer
or employee) authorised by the Secretary in that behalf may consent to the
medical treatment or the surgical or other operation or the admission to
hospital even if the child's parent objects.

(4) The Minister, the Secretary or any person (other than an employee)
authorised by the Secretary in that behalf may consent to medical treatment or
a surgical or other operation or admission to hospital in the case of a child
who is not referred to in sub-section (1)(a)(ii) or (iii) or (b) if-

   (a)  the child is placed in a community service or with a suitable person
        or suitable persons as the result of-

   (i)  having been taken into safe custody under section 69, 79(5), 80(3) and
        (4), 80A(5) and (6), 95(3), 95(4) (including sections 95(3) and 95(4)
        as applied to a supervised custody order by section 98(3)), 110(2A),
        111(3) or 111(4); or

   (ii) an interim accommodation order; and

   (b)  a legally qualified medical practitioner has advised that the medical
        treatment or operation or admission to hospital is necessary to avoid
        a serious threat to the health of the child; and

   (c)  the child's parent-

   (i)  refuses to give his or her consent; or

   (ii) cannot be found within a time which is reasonable in the
        circumstances.

(5) An authorisation under sub-section (3) or (4)-

   (a)  must be made by instrument; and

   (b)  may be made to the holder of an office or position or to any person
        for the time being acting in or performing the duties of an office or
        position.

(6) An employee may, in accordance with section 7, have delegated to him or
her any function or power of the Secretary under this section, except (unless
he or she is an executive within the meaning of the
Public Administration Act 2004) the power to make authorisations under
sub-section (3) or (4).