Informed consent
19 Informed consent
A registered social service provider must, before providing any social service to a service user, obtain and document the informed consent of—
the service user; or
the service user's authorised representative; or
if the service user does not have decision‑making capacity, a person authorised by law to make decisions for the service user in relation to the provision of the social service.
A registered social service provider is not required to obtain informed consent to the provision of a social service if the registered social service provider is authorised or required under another Act or law to provide the social service without the consent of the service user and the registered social service provider—
complies with the requirements of that Act or law, including any notification requirements; and
unless notification is required under that Act or law, notifies the following persons as soon as practicable of the provision of the social service without informed consent and of the legal authority or requirement to do so—
the service user;
the service user's authorised representative;
if the service user does not have decision‑making capacity, a person authorised by law to make decisions for the service user in relation to the provision of the social service.
Example
The informed consent of a service user may not be required if a child is placed at a secure welfare service under section 242(5) or 247A(4) of the Children, Youth and Families Act 2005 because there is a substantial and immediate risk of harm to the child.
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