NSWIn ForceAct
Human Tissue Act 1983
20AConsent to removal of blood from child if child unable to agree
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#### 20A Consent to removal of blood from child if child unable to agree
20A Consent to removal of blood from child if child unable to agree
> A parent or guardian of a child who is under the age of 16 years may consent in writing to the removal of blood from the child’s body without the consent of the child for the purpose of using the blood in the treatment of the child’s parent (being the biological parent, step-parent or adoptive parent), brother or sister, but that consent is only effective if—
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> > (a) a medical practitioner (other than the medical practitioner responsible for treating the child’s parent, brother or sister) certifies in writing that, in the opinion of the medical practitioner—
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> > > (i) the child is unable to understand the nature and effect of the removal of blood from the child’s body, and
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> > > (ii) any risk to the child’s health (including psychological and emotional health) caused by the removal of the blood is minimal, and
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> > (b) a medical practitioner certifies in writing that the parent, brother or sister is likely to die or suffer serious damage to his or her health unless blood removed from the child is used in the treatment.
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> **s 20A:** Ins 2004 No 37, Sch 2 \[3\]. Am 2005 No 82, Sch 2 \[9\].