Prerequisites for sterilisation of persons to whom this Division applies
57 Prerequisites for sterilisation of persons to whom this Division applies
A person shall not carry out or take part in any procedure for the sterilisation of a represented person unless —
both the guardian of the represented person and the State Administrative Tribunal have consented in writing to the sterilisation;
all rights of appeal in respect of a determination under section 63 have lapsed or been exhausted; and
the sterilisation is carried out in accordance with any condition imposed under this Act.
Notwithstanding section 259 of The Criminal Code, a person who knows that an application has been made for a guardianship order in respect of a person shall not carry out or take part in any procedure for the sterilisation of that person before —
the application has been finally dealt with by the State Administrative Tribunal; and
all rights of appeal in respect of a determination under section 43 have lapsed or been exhausted.
Penalty applicable to subsections (1) and (2): $4 000 and imprisonment for 2 years.
For the purposes of this section all rights of appeal have lapsed or been exhausted if —
the time allowed for an application for leave to appeal, or for a reference under section 24, has expired;
every application for leave to appeal has been refused;
where leave to appeal has been granted, the appeal or any subsequent appeal has been discontinued or dismissed (and is not reinstated or capable of reinstatement),
and for the purposes of paragraph (b) leave to appeal has not been refused so long as there remains a right to require a reference under section 24.
[Section 57 amended: No. 55 of 2004 s. 466(1).]
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