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Under what circumstances can a child receive treatment without their consent?
Under what circumstances can a child receive treatment without their consent?
What is the role of a 'person responsible' in relation to intellectually disabled persons?
What is the role of a 'person responsible' in relation to intellectually disabled persons?
What is the primary purpose of the Mental Health Acts?
What is the primary purpose of the Mental Health Acts?
Who is considered a mentally disordered person?
Who is considered a mentally disordered person?
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What is the maximum number of times a person can be admitted as an involuntary patient in a calendar month?
What is the maximum number of times a person can be admitted as an involuntary patient in a calendar month?
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What is the purpose of a Community Treatment Order?
What is the purpose of a Community Treatment Order?
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What is the key principle in self-defence that must be considered?
What is the key principle in self-defence that must be considered?
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What is the outcome of a disproportionate act of self-defence?
What is the outcome of a disproportionate act of self-defence?
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What is the significance of the Briginshaw v Briginshaw case in relation to self-defence?
What is the significance of the Briginshaw v Briginshaw case in relation to self-defence?
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What is the purpose of a Mental Health Tribunal?
What is the purpose of a Mental Health Tribunal?
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What is the significance of the Civil Liability Act 2002 (NSW) in relation to self-defence?
What is the significance of the Civil Liability Act 2002 (NSW) in relation to self-defence?
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What is the purpose of a Community Treatment Order (CTO)?
What is the purpose of a Community Treatment Order (CTO)?
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What is the age at which a minor's consent to medical treatment will defeat any subsequent claim of battery?
What is the age at which a minor's consent to medical treatment will defeat any subsequent claim of battery?
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What is the test used to determine if a minor is mature enough to make medical decisions?
What is the test used to determine if a minor is mature enough to make medical decisions?
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What happens if a Gillick competent child consents to treatment but their parents refuse to provide consent?
What happens if a Gillick competent child consents to treatment but their parents refuse to provide consent?
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In what situation might the jurisdiction for decision-making lie with the Family Court of Australia and/or the Supreme Court?
In what situation might the jurisdiction for decision-making lie with the Family Court of Australia and/or the Supreme Court?
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What is the entitlement of a child who meets the Gillick definition of a 'mature minor'?
What is the entitlement of a child who meets the Gillick definition of a 'mature minor'?
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Can a child under 16 refuse medical treatment?
Can a child under 16 refuse medical treatment?
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What is the primary consideration when deciding if a minor can authorise medical treatment?
What is the primary consideration when deciding if a minor can authorise medical treatment?
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What is the primary consideration in determining whether a person's self-defence is proportionate to the act being defended against?
What is the primary consideration in determining whether a person's self-defence is proportionate to the act being defended against?
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What is the consequence of a Gillick competent minor consenting to medical treatment, despite parental refusal?
What is the consequence of a Gillick competent minor consenting to medical treatment, despite parental refusal?
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What is the significance of the Gillick definition of a 'mature minor'?
What is the significance of the Gillick definition of a 'mature minor'?
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In what circumstances may a person's consent to medical treatment be deemed invalid?
In what circumstances may a person's consent to medical treatment be deemed invalid?
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What is the primary principle underlying the concept of informed consent in healthcare?
What is the primary principle underlying the concept of informed consent in healthcare?
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In what circumstance might the jurisdiction for decision-making lie with the Family Court of Australia and/or the Supreme Court?
In what circumstance might the jurisdiction for decision-making lie with the Family Court of Australia and/or the Supreme Court?
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What is the implication of a minor's consent to medical treatment at the age of 14 or over?
What is the implication of a minor's consent to medical treatment at the age of 14 or over?
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What is the difference between written and implied consent?
What is the difference between written and implied consent?
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What is the primary consideration in determining the distribution of healthcare resources in a fair and just manner?
What is the primary consideration in determining the distribution of healthcare resources in a fair and just manner?
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What is the primary consideration when obtaining consent from a minor?
What is the primary consideration when obtaining consent from a minor?
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What is the principle underlying the concept of non-maleficence in healthcare?
What is the principle underlying the concept of non-maleficence in healthcare?
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What is the primary reason a child under 16 years old can receive medical treatment without their consent?
What is the primary reason a child under 16 years old can receive medical treatment without their consent?
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What is the role of a 'person responsible' in relation to intellectually disabled persons?
What is the role of a 'person responsible' in relation to intellectually disabled persons?
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What is the key principle guiding the admission of patients to mental health facilities?
What is the key principle guiding the admission of patients to mental health facilities?
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What is the significance of the Mental Health Acts in relation to patient autonomy?
What is the significance of the Mental Health Acts in relation to patient autonomy?
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What is the primary concern in determining whether a person is a mentally ill person?
What is the primary concern in determining whether a person is a mentally ill person?
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What is the maximum number of times a person can be admitted as an involuntary patient in a calendar month?
What is the maximum number of times a person can be admitted as an involuntary patient in a calendar month?
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Study Notes
Self-Defence in Legal Context
- Self-defence is permissible when a trespass occurs in response to an immediate threat.
- Actions taken in self-defence must be proportionate to the threat faced.
- Damages from disproportionate self-defence are limited under law.
- No damages are incurred when self-defence is exercised against unlawful acts.
Medical Treatment and Consent
- In urgent scenarios, treatment can be conducted to save a child's life or prevent serious harm.
- Treatments can proceed without consent if a court order is in place.
- Individuals over 16 with intellectual disabilities need authorized consent for treatment from a legally appointed guardian or responsible person.
Mental Health Legislation
- Mental Health Acts outline the rights of individuals requiring treatment, detailing their care and rehabilitation.
- Defines mentally disordered persons whose irrational behavior necessitates temporary care for their own or others' safety.
- Mentally ill persons are those whose condition requires care due to serious risk of harm to themselves or others.
- Yields considerations of the individual's condition and potential deterioration when determining mental illness.
Admission to Mental Health Facilities
- Admission to a Mental Health Facility can be voluntary (individual consent) or involuntary (admittance under a legal framework).
- An involuntary patient cannot be admitted for a mental disorder more than three times in a month.
Legal Competence of Minors on Medical Decisions
- Minors can authorize medical treatment if they are mature enough to comprehend the implications.
- At 14 years or older, a minor's consent to treatment negates future claims of battery against the provider.
- Minors under 16 cannot refuse medical treatment even if they have consented.
Confidentiality and Parental Involvement for Minors
- If a minor qualifies as a 'mature minor,' medical confidentiality is upheld without parental notification.
- If a minor consents and parents later refuse consent, the doctor's authority usually stands if the minor is Gillick competent.
- Conflicts over consent may be resolved by the Family Court or Supreme Court.
Circumstances When Consent is Not Required
- Immediate medical emergencies allow for treatment without consent when necessary for survival or to prevent significant harm.
- Existing legal frameworks may permit treatment in absence of parental or individual consent under specified conditions.
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Description
Test your knowledge on the legal aspects of consent to treatment for individuals with intellectual disability and mental health issues. Learn about the circumstances where treatment can be given without consent and who can provide consent on behalf of the individual.
