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Contents. People aged 16 or over are entitled to consent to their own treatment. This can only be overruled in exceptional circumstances. Like adults, young people (aged 16 or 17) are presumed to have sufficient capacity to decide on their own medical treatment, unless there's significant evidence to suggest otherwise.
Prior to giving consent for a health or social care intervention, the minor should be informed by the health or social care provider that confidentiality cannot be assured as his/her parent(s)/legal guardian(s) may have rights to access the minor's medical/other records under the Freedom of Information Act 199720.
A provider is legally permitted, but not required, to provide confidential care to a minor. A health-care provider may decide, with or without consent of the minor, to advise the parent or guardian of the treatment given or needed, with the exception of some family planning services (25 TAC § 56.15).
You can provide medical treatment to a child or young person with their consent if they are competent, or with the consent of a parent or the court. You can provide emergency treatment without consent to save the life of, or prevent serious deterioration in the health of, a child or young person.
The age by which you have automatic confidentiality rights is: 14 years and over in the Northern Territory. 16 and over in New South Wales and South Australia. 18 and over everywhere else in Australia.
By law, any child under the age of 18 years old cannot be seen by a doctor without consent from a parent or legal guardian.
Patients aged 16-17 can withhold consent to treatment, but this can be overruled in exceptional circumstances if it is considered to be in their best interests, either by someone with parental responsibility or by the courts.
Consent to treatment in Quebec In QuA©bec, the age of consent is generally 14 years of age. If the child is below that age, or does not have the capacity to consent, the consent of the parent or guardian, or a court order, is required.
Depending on the circumstances it can be obtained from the minor, their legal Guardian or the court. Minors (u 18) cannot give a legally valid consent to treatment, subject to the following exceptions: 16/17 year olds are assumed competent to consent to medical treatment. (Family Law Reform Act 1969, s.
Children over 16Children 16 and over are deemed capable of consenting to medical treatment, and in the same way are usually considered able to agree to the release of their confidential information.