41Medical or dental treatment without consent

### 41 Medical or dental treatment without consent > > (1)  Where  – > > > > > > (a) it is proposed to carry out any medical or dental treatment which is not special treatment on a person to whom this Part applies; and > > > > > > > (b) there is no person responsible for that person; and > > > > > > > (c) the treatment is necessary and is the form of treatment that will most successfully promote that person's health and well-being; and > > > > > > > (d) that person does not object to the carrying out of the treatment  – > > > > it is lawful, subject to [subsection (2)](#GS41@Gs2@EN) , for the medical or dental treatment to be carried out on that person without consent under this Division. > > > (1A)  [*\[Section 41 Subsection (1A) inserted by No. 15 of 2021, s. 17, Applied:21 Nov 2022\]*](/view/html/inforce/2022-11-21/act-2021-015#GS17@Hpa@EN) For the purposes of [subsection (1)(d)](#GS41@Gs1@Hpd@EN) , a person may indicate an objection to the carrying out of the treatment in writing, orally or in another way. > > > (2)  The regulations may provide that in such cases as are specified in the regulations medical or dental treatment may not be carried out on a person to whom this Part applies without consent under this Division. > > > (3)  A medical practitioner or dentist who carries out or supervises any medical or dental treatment under [subsection (1)](#GS41@Gs1@EN) without the consent of the relevant person must certify in the clinical records relating to the treatment that  – > > > > > > (a) [*\[Section 41 Subsection (3) amended by No. 21 of 2023, s. 38, Applied:01 Sep 2024\]*](/view/html/inforce/2024-09-01/act-2023-021#GS38@EN) the treatment is necessary and is the form of treatment that will most successfully promote that person's health and well-being; and > > > > > > > (b) [*\[Section 41 Subsection (3) amended by No. 15 of 2021, s. 17, Applied:21 Nov 2022\]*](/view/html/inforce/2022-11-21/act-2021-015#GS17@Hpb@EN) the person does not object to the carrying out of the treatment; and > > > > > > > (c) [*\[Section 41 Subsection (3) amended by No. 15 of 2021, s. 17, Applied:21 Nov 2022\]*](/view/html/inforce/2022-11-21/act-2021-015#GS17@Hpc@EN) the medical practitioner or dentist has made reasonable inquiries to ascertain whether the person has given an advance care directive and, if so, has taken reasonable steps to locate the advance care directive.