748Powers in relation to assessment, medical treatment and admission to hospital

748 Powers in relation to assessment, medical treatment and admission to hospital

(1) The Secretary at any time may order that a child or young person in the legal custody of the Secretary be examined to determine the child's or young person's medical, physical, intellectual or mental condition.

(2) The Secretary must order that a child or young person in the legal custody of the Secretary be examined to determine if that child or young person has a relevant impairment or a medical, mental health, developmental, behavioural, intellectual, linguistic or health condition or a disability-related need, if—

(a) it appears to the Secretary that the child or young person may have a relevant impairment or a medical, mental health, developmental, behavioural, intellectual, linguistic or health condition or a disability- related need; and

(b) the Secretary reasonably believes that the examination would assist in supporting the child's or young person's positive development and rehabilitation.

(3) The Minister may arrange for the provision of any necessary medical treatment to, or the admission to hospital for the purposes of necessary medical treatment of—

(a) a child or young person in the legal custody of the Secretary; or

(b) any class of child or young person in the legal custody of the Secretary.

(4) If a registered medical practitioner advises that medical treatment or admission to hospital is necessary for a child who is under 18 years of age in the legal custody of the Secretary, the following persons may consent to the treatment or admission even if the child's parent refuses to give consent—

(a) the Minister;

(b) the Secretary;

(c) any person (other than a youth justice custodial officer or a person employed under Part 3 of the Public Administration Act 2004 in the Department) authorised by the Secretary.

(5) An authorisation for the purposes of subsection (4)(c) must be in writing.

(6) In this section, a reference to the legal custody of the Secretary is a reference to the legal custody of the Secretary under section 460.

1 This Part applies in respect of a child held in custody in a youth justice custodial centre under Part 2AA or 2A of the Terrorism (Community Protection) Act 2003. However, in the event of any inconsistency between this Part and the provisions of Part 2AA of the Terrorism (Community Protection) Act 2003, the relevant provisions of that Act prevail—see section 13AS of the Terrorism (Community Protection) Act 2003.

2 In the event of any inconsistency between this Part and the provisions of Part 2A of the or an order for the child's detention under a corresponding preventative detention law (within the meaning of that Act), the relevant provisions of that Act or the order (as the case requires) prevail—see section 13WA of the .