21Administration of blood transfusions to children without parental consent

### 21 Administration of blood transfusions to children without parental consent > > (1)  In this section  – > > > > > ***blood transfusion*** means the transfusion of human blood or any of the constituents of human blood; > > > > > ***child*** means a person who has not attained the age of 18 years. > > > (2)  The operation of removing all or part of the blood of a person and replacing it with blood taken from another person shall, for the purposes of this section, be deemed to be a blood transfusion. > > > (3)  [*\[Section 21 Subsection (3) amended by No. 11 of 2024, s. 11, Applied:05 Sep 2024\]*](/view/html/inforce/2024-09-05/act-2024-011#GS11@Hpa@EN) Subject to [subsection (4)](#GS21@Gs4@EN) , a medical practitioner may administer a blood transfusion to a child who is otherwise unable to give consent without the consent of a parent of the child or a person having authority to consent to the administration of the transfusion if – > > > > > > (a) [*\[Section 21 Subsection (3) amended by No. 11 of 2024, s. 11, Applied:05 Sep 2024\]*](/view/html/inforce/2024-09-05/act-2024-011#GS11@Hpb@EN) that medical practitioner and at least one other medical practitioner, or if another medical practitioner is not available, a paramedic, are of the opinion that the child is in danger of dying and that the administration of a blood transfusion to the child is the best means of preventing the death of the child; and > > > > > > > (b) [*\[Section 21 Subsection (3) amended by No. 11 of 2024, s. 11, Applied:05 Sep 2024\]*](/view/html/inforce/2024-09-05/act-2024-011#GS11@Hpc@EN) the first-mentioned medical practitioner is satisfied that the blood to be transfused is compatible with the blood of the child. > > > (4)  A medical practitioner is not entitled to administer a blood transfusion to a child in pursuance of [subsection (3)](#GS21@Gs3@EN) unless  – > > > > > > (a) [*\[Section 21 Subsection (4) amended by No. 11 of 2024, s. 11, Applied:05 Sep 2024\]*](/view/html/inforce/2024-09-05/act-2024-011#GS11@Hpd@EN) a parent of the child, or a person having authority to consent to the administration of the transfusion, upon being asked to consent to the administration of the transfusion, has failed to give consent; or > > > > > > > (b) the medical practitioner is of the opinion that, in the circumstances, it is not practicable to delay the administration of the transfusion until the consent of a parent of the child or a person having authority to consent to the administration of the transfusion can be obtained. > > > (5)  Where a blood transfusion is administered to a child in accordance with this section, the transfusion shall, for all purposes, be deemed to have been administered with the consent of a parent of the child or a person having authority to consent to the administration of the transfusion. > > > (6)  [*\[Section 21 Subsection (6) amended by No. 11 of 2024, s. 11, Applied:05 Sep 2024\]*](/view/html/inforce/2024-09-05/act-2024-011#GS11@Hpe@EN) Nothing in this section relieves a medical practitioner from liability in respect of the administration of a blood transfusion to a child, being a liability to which the practitioner would have been subject if the transfusion had been administered with the consent of a parent of the child or a person having authority to consent to the administration of the transfusion. > > > (7)  [*\[Section 21 Subsection (7) inserted by No. 11 of 2024, s. 11, Applied:05 Sep 2024\]*](/view/html/inforce/2024-09-05/act-2024-011#GS11@Hpf@EN) Nothing in this section prevents a child who, in the opinion of a medical practitioner proposing to administer a blood transfusion to the child, is capable of – > > > > > > (a) understanding the nature, consequences and risks of the administration of a blood transfusion to the child; and > > > > > > > (b) making a decision regarding the administration of a blood transfusion to the child that is informed and free from coercion – > > > > from giving, refusing to give, or revoking consent to such a blood transfusion independently of any other person.