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Where am I now? Lawlink > Law Reform Commission > Publications > Index
Issues Paper 24 (2004) - Minors' consent to medical treatment
Index
Aboriginal and Torres Strait Islander young people
health problems ... 7.16-7.19
role of extended family in medical decisions ... 4.4
Abortion
See Termination of pregnancy
Alcohol abuse ... 3.45-3.49
Access to a young person’s medical records
by parent ... 9.43
by patient
arguments against ... 9.32-9.35
arguments for ... 9.30, 9.31
common law ... 9.36, 9.37
statutory law
Freedom of Information Act 1989 (NSW) ... 9.39, 9.40
Health Records and Information Privacy Act 2002 (NSW) ... 9.42, 9.43
Private Hospitals Regulation 1996 (NSW) ... 9.41
‘Best interests’ principle
relevance in
court’s power to authorise a young person’s medical treatment ... 2.32, 2.34, 2.53
parents’ power to consent to a child’s medical treatment ... 2.33, 4.11
young people's medical treatment ... 2.32-2.34, 4.42
Caregivers
right to consent to medical treatment of young people ... 4.4, 4.5
Competence of young people to consent to and refuse medical treatment
arguments for a right ... 1.19, 3.5, 3.6
cognitive development, and ... 1.14
empirical evidence ... 1.14, 1.15
legal tests
common law ... 1.18, 2.7-2.14
interaction between common law and statutory law ... 2.18-2.27
statutory law ... 1.16,1.17, 2.3, 2.5,
Guardianship Act 1987 (NSW) Pt 5 ... 2.35-2.46
Minors (Property and Contracts) Act 1970 (NSW) s 49 ... 2.16. 2.17
See also Gillick-competence test
models for legal reform
age and capacity to understand ... 3.24-3.26
capacity to understand ... 3.10-3.21
fixed age ... 3.22, 3.23
specific groups of young people ... 3.31
types of medical treatment ... 3.27-3.29
Confidentiality
basis of the duty
contract ... 9.6, 9.7
equity ... 9.9-9.11
ethics ... 9.4, 9.5
statute ... 9.12, 9,13
tort ... 9.8
grounds for disclosure of health information
consent by the young person ... 9.20-9.22
parental authority ... 9.15-9.17
public interest principle ... 9.24-9.28
statutory requirements ... 9.23
Consent to medical treatment
definition ... 1.38
distinguished from informed consent ... 1.39-1.43, 8.14
Contraceptive advice and prescription ... 3.45-3.47
Courts
authority to make decisions for a young person’s benefit ... 2.32, 2.34, 2.50, 2.52
See Family Court, Supreme Court
Detention centres
See Young people in detention
Doctors
See Medical practitioners
Drug abuse ... 3.45-3.49
Duty to disclose material risks
definition ... 1.39, 8.8, 8.9
distinguished from duty to obtain patient’s consent ... 1.39-1.43
liability for breach (negligence) ... 1.39, 8.8
Emergency treatment
common law ... 5.2
first responders ... 5.12-517
good Samaritans ... 5.15-5.17
minor treatments ... 5.41, 5.42
public health measures ... 5.37-5.40
refusal of emergency care ... 5.3, 5.4
special medical treatment ... 5.18-5.30
statutory law
Children and Young Persons (Care and Protection) Act 1998 (NSW) ... 5.6-5.9
Civil Liability Act 2002 (NSW) ... 5.15-517
Guardianship Act 1987 (NSW) ... 5.10
Medical Practice Act 1992 (NSW) ... 5.14
Mental Health Act 1990 (NSW) ... 5.11
Public Health Act 1991 (NSW) ... 5.37-5.40
suspected child abuse ... 5.31-5.36
Family Court of Australia
jurisdiction to make orders regarding a child’s welfare ... 4.6, 4.24, 4.25, 4.27, 4.29, 4.32, 4.37, 4.38
Family members other than parents
right to consent to medical treatment of young people ... 4.4, 4.5
Gillick-competence test
consent to medical treatment ... 2.7-2.14, 8.32
effect of Minors (Property and Contracts) Act 1970 (NSW) s 49 ... 2.18-2.27
parents’ right to consent to child’s medical treatment ... 2.31
refusal of medical treatment ... 2.48-2.53,
termination of pregnancy ... 3.50
Grandparents
right to consent to medical treatment of young people ... 4.4, 4.5
Guardians
authority to consent to medical treatment of young people ... 2.41-2.46, 4.3
definition ... 1.37
Guardianship Tribunal
power to authorise a young person’s medical treatment ... 4.6, 4.27, 4.29, 4.31, 4.33, 4.36, 4.38, 4.39
Health concerns ... 1.8, 1.9
of adolescents ... 1.10, 1.11
of young children ... 1.12, 1.13
Homeless young people
access to health services ... 7.22, 7.23
health problems ... 7.22
incidence in Australia ... 7.20, 7.21
Honest and reasonable mistake ... 8.25-8.29
Indemnity insurance ... 8.36-8.41
Informed consent
distinguished from consent ... 1.39-1.43, 8.14
See also Duty to disclose material risks
Intellectual disability
definition ... 6.6-6.10
incidence in New South Wales ... 6.1
rules on consent to or refusal of medical treatment
general ... 6.11-6.16
for those in out-of-home care ... 6.45-6.49
Juvenile detention centres
See Young people in detention
Medical practitioners
definition ... 1.49
liability for failure to disclose material risks (negligence) ... 1.39, 8.8-8.13
liability for failure to obtain consent
civil liability ... 2.2, 8.2
assault ... 8.4
battery ... 8.3
consent as a defence to ... 8.7
false imprisonment ... 8.5, 8.6
criminal liability ... 8.17, 8.18
disciplinary action ... 8.19-8.24
professional misconduct ... 8.22
unsatisfactory professional conduct ... 8.20, 8.21, 8.23, 8.24
protections from liability
civil ... 8.15, 8.16
criminal ... 8.18
Medical treatment
definition ... 1.44-1.48, 2.38
major treatment ... 2.39
mental health treatment ... 3.48
minor treatment ... 2.39
See also Emergency Treatment, Special medical treatment, Non-touching medical treatment
Medicare
access by young people ... 1.30-1.33
Mental illness and young people
definition ... 6.3-6.5, 6.10
incidence in Australia ... 6.1
incidence in New South Wales ... 6.1
general rules on consent to and refusal of medical treatment ... 6.11-6.16
rules on consent for those admitted to hospitals
admission to hospital ... 6.19-6.22
electroconvulsive therapy ... 6.33-6.39
general psychiatric treatments ... 6.23, 6.24
psychosurgery ... 6.28-6.31
surgical operations ... 6.25-6.27
Minors
Mistake
See Honest and reasonable mistake
Negligence
definition ... 8.8
See Medical practitioners, Duty to disclose material risks
Non-English speaking background
barriers to receiving medical treatment ... 7.14
impact on competence to consent to and refuse medical treatment ... 7.13-7.15
incidence in New South Wales ... 7.13
role of extended family in medical decisions ... 4.4, 4.5
Non-touching medical treatment ... 8.30-8.35
Out-of-home care
definition ... 6.47, 7.4, 7.5
power to consent to a young person’s medical treatment
authorised carer ... 6.48, 7.6-7.9
parent ... 7.11, 712
young person ... 7.10
Parents
definition ... 1.37
right to consent to child’s medical treatment ... 2.39, 3.33, 3.34, 4.1-4.3
limitations ... 4.8, 4.11-4.15, 4.40
overlap with a child’s right to consent ... 2.28-2.31
right of access to child’s health information ... 9.15-9.17
role in ensuring their child’s welfare ... 4.11
who are incompetent to make medical decisions ... 7.28-7.30, 7.32
Pregnancy related health ... 3.53, 3.54
See also Termination of pregnancy, Contraceptive advice and prescription
Refusal of medical treatment
adults ... 2.48
minors
arguments against a right ... 3.40-3.43
arguments for a right ... 3.39
current law ... 2.47-2.53
Rights of young people
legal recognition ... 1.20-1.29
Special medical treatment
Children and Young Persons (Care and Protection) Act 1998 (NSW) ... 4.19, 4.20, 5.20-5.22
Guardianship Act 1987 (NSW) ... 2.40, 4.21, 4.22, 5.25-5.30
Mental Health Act 1990 (NSW) ... 5.23, 5.24, 6.40-6.43
Sterilisation ... 4.12-4.16, 4.19-4.22, 4.35, 4.39, 4.41, 5.29, 6.40, 6.41
Supreme Court
parens patriae jurisdiction ... 2.50, 2.52, 4.11
power to authorise a young person’s medical treatment ... 4.6, 4.27, 4.30, 4.31-4.33, 4.38
Termination of pregnancy ... 3.45, 3.50-3.52, 5.29, 6.40, 6.41
Young people in detention
health problems ... 7.25
incidence in New South Wales ... 7.24
legal rules concerning medical treatment ... 7.27
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