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](/view/html/inforce/current/act-1970-060)) 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](/view/html/inforce/current/act-1970-060), 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](/view/html/inforce/current/act-1970-060)) 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 \[66\].