Offence—undertaking restricted medical treatment without approval
27 Offence—undertaking restricted medical treatment without approval
A person commits an offence if—
the person undertakes a restricted medical treatment on a prescribed person; and
the restricted medical treatment is not undertaken in accordance with an approved treatment plan or any condition applying to the plan.
Maximum penalty: 200 penalty units, imprisonment for 2 years or both.
For subsection (1), it does not matter if—
a decision-maker for the prescribed person consents to the restricted medical treatment; or
for a prescribed person who is an adult—the ACAT consents to the restricted medical treatment under the Guardianship and Management of Property Act 1991, section 70.
Note If the prescribed person is an adult, restricted medical treatment may also be a prescribed medical procedure under the Guardianship and Management of Property Act 1991.
Subsection (1) does not apply to urgent restricted medical treatment.
Note The defendant has an evidential burden in relation to the matter mentioned in s (3) (see Criminal Code, s 58).
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.