This reference guide describes how consent is defined by law and why age of consent laws are necessary to protect children and youth from sexual exploitation and abuse. It then summarizes age of consent laws by state and territory. It also answers common questions from child, family and community care professionals on related topics, including reporting, responding to disclosures, laws for people in supervisory roles, developmental sexual behaviour, and digital technology. In this case, the person may have a living will that includes a decision about the proposed treatment, but if not, a substitute decision-maker must make the treatment decision. For more information, see Western Australia Advance Care Directives or Western Australia Treatment Decisions. In some states and territories, guardianship and treatment legislation requires a health care professional to make reasonable efforts (if possible) to find out if the person has an advance care directive prior to emergency treatment or to verify whether the person has previously refused emergency treatment. E. A minor is considered an adult for the purposes of consenting to: If a person with mental illness needs treatment, such as involuntary treatment in an emergency or other situation, national and territorial mental health laws may apply. These laws are outside the scope of this website and are not discussed here. A minor 14 years of age or older who lives separately from his or her parents, parents or guardians, with or without the consent of his or her parents, parents or guardians, and who manages his or her own financial affairs regardless of the source of his or her income, may consent to the establishment of the hospital. medical, dental, emergency and surgical care for yourself. A person is no longer capable if they are unable to make reasonable judgments about the proposed treatment.
There are two contexts where capacity is relevant, and the capacity test differs in each: A voluntary decision is a decision made freely by the person, without undue pressure, coercion or manipulation. In Re T (adults: refusal of treatment), the Court considered a case of undue influence on decision-making on medical treatment. Appropriate advice and decision-making support from the person`s family and health professionals will not have undue influence as long as the person is still making the desired decision. A minor 11 years of age or older may consent to a vaccine if recommended by the U.S. Advisory Committee on Immunization Practices. The law also stipulates that if a minor is capable of understanding the necessity, nature and all significant risks of medical care, informed consent is present. Any minor who lives separately from his or her parents or legal guardian, with or without the consent of a parent or guardian and regardless of the duration of such separate residence, and who manages personal financial matters, regardless of the source or extent of the minor`s income, may effectively consent for personal medical purposes. dental, mental health and other health services. If the legal status of consent is unclear or there is a dispute about the treatment, the court may make a decision based on the best interests of the child.
Public hospitals also usually provide relevant information about treatment to the patient`s GP – for example, information about emergency room visits or hospital admissions. Health services of any kind may be provided to minors of any age without the consent of a parent or guardian if, in the opinion of a person legally authorized to provide a particular health service, such services are considered necessary, unless it is an operation that can only be performed if, In the opinion of the doctor and a health advisor, it is considered necessary to do so. or the child`s life is essential. Doctor, if there is one. (a) A minor aged 12 years or over who may have been in contact with an infectious, contagious or communicable disease may consent to medical care related to the diagnosis or treatment of the disease if the disease or condition must be reported by law to the local health officer. or is a related sexually transmitted disease, as determined by the state health commissioner. In Australia, parents and young people have the right to consent to the treatment of a young person. In public hospitals, relevant health information (without formal consent) may be shared between treating healthcare professionals when helping patients manage – for example, test results and information about treatments or therapies. Any minor who is separated from his or her parents or legal guardian for any reason and who is not in the care of his or her parents or guardian may consent to the services being provided by health professionals. consent to the provision of medical or surgical care or services by a public hospital or clinic or to the provision of medical or surgical care or services by a physician licensed to practise medicine in that State, if performed by a minor who is suffering or believes to be affected by a disease or condition; are valid and binding as if the minor had reached the age of majority. Such consent may not be subsequently refused on account of its minority.
If consent to medical treatment is given by a person, it must be given voluntarily. Consent given can be either: If a state is not listed, we have not found a law that allows minors living alone to consent to routine health care or diagnosis/treatment of infectious diseases, meaning that unaccompanied homeless minors in that state are unlikely to be able to receive such care or vaccines without a parent or guardian. Your child can also contact the Australian Health Care Complaints Commissioner in your state or region. This body can investigate complaints about medical and health care. If this is the case and the person does not have a Common Law Advance Care Directive that instructs for medical treatment, a substitute decision-maker (e.g., guardian or other responsible person) makes the treatment decision on that person`s behalf. For more information, see New South Wales` Treatment Decisions. (c) a minor who admits to having a notifiable communicable disease, including a sexually transmitted disease, or abuse of drugs and drugs, including alcohol, or who is declared pregnant or suffers from it. This voluntary consent applies only to the prevention, diagnosis and treatment of the conditions referred to in this subdivision. Guardianship and treatment legislation in the various states and territories also establishes specific capacity tests and recognizes the need to consent to treatment. Most are similar to this common law approach, but some have additional requirements.
For more information on state and territory capacity laws, see below. Has. Notwithstanding other legal requirements, the following minors may consent to the provision of services by health professionals in the following cases: (a) A minor may consent to medical or dental care for him or her if all of the following conditions are met: An unemancipated minor who is 14 years of age or older and has the capacity to give consent may consent to medically necessary conditions Providing care if the minor lives separately from the minor`s medical care. Parent, guardian or parent. It is good practice for health professionals in all states and territories to seek consent from a substitute decision-maker whenever possible. To find out who can be a deputy decision-maker in each state and territory, see State and Territory Treatment Decisions. consent to the provision of lawful medical treatment to or for minors by a licensed practitioner of medicine, surgery, dental, psychological or osteopath, a clinical nurse specialist, or a public hospital or clinic or its representatives or staff, and to provide hospitalization and other treatment reasonably necessary in this regard; The common law position on a child`s competence to consent to treatment was established by the decision of the English House of Lords in Gillick v West Norfolk and Wisbech Area Health Authority [1986] AC 112.