177Ordinary medical and dental treatment

177 Ordinary medical and dental treatment

177 Ordinary medical and dental treatment

(1) This section applies to a child, being—

(a) a child who resides in out-of-home care in accordance with this Act, or

(b) a child (other than a child referred to in paragraph (a)) who is in the care of a person (other than the parent or guardian of the person of the child, as referred to in section 49(1) of the Minors (Property and Contracts) Act 1970) pursuant to any law, whether or not of New South Wales.

(2) If a person authorised by this Act consents to medical or dental treatment of a child to whom this section applies being carried out, it is taken, for the purposes of section 49 of the Minors (Property and Contracts) Act 1970, that a parent or guardian of the person of the child consented to the treatment being carried out.

(3) This section does not affect—

(a) such operation as a consent (whether or not a consent referred to in subsection (2) or in section 49 of the Minors (Property and Contracts) Act 1970) may have otherwise than as provided by this section, or

(b) the circumstances in which medical or dental treatment may be justified in the absence of consent.

s 177: Am 2002 No 53, Sch 1.1 [15]; 2006 No 60, Sch 1 [66].