Victorian Current Acts Victorian Current Acts(1) The Secretary may at any time order that a person—
S. 597(1)(a) amended by No. 61/2014 s. 91(1).
(a) for whom the Secretary has parental responsibility as the result of—
S. 597(1)(a)(i) repealed by No. 8/2016 s. 18(1).
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S. 597(1)(a)(ii) substituted by No. 8/2016 s. 18(2).
(ii) a family reunification order; or
S. 597(1)(a)(iii) substituted by No. 61/2014 s. 91(2).
(iii) a care by Secretary order; or
S. 597(1)(a)(iv) substituted by No. 61/2014 s. 91(3).
(iv) a long-term care order; or
(v) a therapeutic treatment (placement) order;
(b) in the legal custody of the Secretary as provided by section 483; or
S. 597(1)(c) amended by No. 48/2006 s. 28(1), substituted by No. 8/2016 s. 18(3).
(c) placed, as the result of an interim accommodation order—
(i) with a suitable person or suitable persons; or
(ii) in an out of home care service; or
(iii) in a secure welfare service; or
(iv) in a declared hospital; or
(v) with a disability service provider within the meaning of the Disability Act 2006 ; or
(vi) in a declared parent and baby unit; or
S. 597(1)(c)(vii) inserted by No. 19/2019 s. 254(5).
(vii) with a registered NDIS provider; or
S. 597(1)(d) amended by No. 52/2013 s. 56(1).
(d) in emergency care under section 241, 268(5), 269(3), 269(4), 270(5), 270(6), 291(4), 313 or 314—
be examined to determine his or her medical, physical, intellectual or mental condition.
(2) The Minister and the Minister administering Division 1 of Part II of the Health Act 1958 may make arrangements for the provision of any necessary medical, dental, psychiatric, psychological or pharmaceutical services to persons referred to in subsection (1) or to any class or classes of those persons or to any other persons placed in an out of home care service.
(3) On the advice of a registered medical practitioner that medical treatment or a surgical or other operation or admission to hospital is necessary in the case of a child referred to in subsection (1)(a)(ii), (1)(a)(iii), (1)(a)(iv), (1)(a)(v) or (1)(b), the Minister, the Secretary or any person (other than an officer or employee) authorised by the Secretary to do so may consent to the medical treatment or the surgical or other operation or the admission to hospital even if the child's parent objects.
(4) The Minister, the Secretary or any person (other than an employee) authorised by the Secretary to do so may consent to medical treatment or a surgical or other operation or admission to hospital in the case of a child who is not referred to in subsection (1)(a)(ii), (1)(a)(iii), (1)(a)(iv), (1)(a)(v) or (1)(b) if—
S. 597(4)(a) amended by Nos 48/2006 s. 28(2), 19/2019 s. 254(6), 30/2019 s. 14(1).
(a) the child is placed in an out of home care service, secure welfare service, declared hospital or declared parent and baby unit or with a registered NDIS provider, disability service provider (within the meaning of the Disability Act 2006 ) or a suitable person or suitable persons as the result of—
S. 597(4)(a)(i) amended by Nos 52/2013 s. 56(2), 30/2019 s. 14(2).
(i) having been placed in emergency care under section 241, 268(5), 269(3), 269(4), 270(5), 270(6), 313 or 314; or
(ii) an interim accommodation order; and
(b) a registered medical practitioner has advised that the medical treatment or operation or admission to hospital is necessary to avoid a serious threat to the health of the child; and
(i) refuses to give his or her consent; or
(ii) cannot be found within a time which is reasonable in the circumstances.
(5) An authorisation under subsection (3) or (4)—
(a) must be made by instrument; and
(b) may be made to the holder of an
office or position or to any person for the time being acting in or performing
the duties of an office or position.
Ch. 8 Pt 8.3 (Heading) substituted by No. 52/2013 s. 57.
Part 8.3—Placing child in emergency care
S. 598 (Heading) amended by No. 52/2013 s. 58(1).