51Surgical operations

51 Surgical operations

(1)  It is lawful for a person to perform in good faith and with reasonable care and skill a surgical operation upon another person, with his consent and for his benefit, if the performance of such operation is reasonable, having regard to all the circumstances.

(1A)  [Section 51 Amended by No. 72 of 2013, s. 14, Applied:12 Feb 2014] Subject to section 149 , and despite subsection (1) , a termination can be lawfully performed on a woman by a medical practitioner if it is performed in good faith, with reasonable care and skill and with the woman's consent.

(1B)  [Section 51 Amended by No. 72 of 2013, s. 14, Applied:12 Feb 2014] For the purposes of subsection (1A) , woman means a female person of any age.

(2)  In the case of a child too young to exercise a reasonable discretion in such a matter, such consent as aforesaid may be given by his parent or by any person having the care of such child.

(3)  [Section 51 Amended by No. 72 of 2013, s. 14, Applied:12 Feb 2014] If a person is in such a condition as to be incapable of giving consent under subsection (1) or (1A) , the operation may be performed without such consent if the operation is –

(a) performed in good faith and with reasonable care and skill; and

(b) for the person's benefit; and

(c) reasonable, having regard to all the circumstances.