Youth Justice Regulation 2016
sec.35Child’s right to medical treatment and other health services
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sec.35 Child’s right to medical treatment and other health services
A child detained in a detention centre has a right to medical treatment and other health services. The chief executive must ensure that, before medical treatment or another health service is provided to the child, the child is given an opportunity to nominate the sex of the person who will provide the treatment or service. If, in the circumstances, it is not reasonably practicable to comply with the nomination, the chief executive must give the child an opportunity to make another nomination. Subsection (5) applies if— the child does not make a nomination under subsection (2) ; or the child makes another nomination under subsection (3) and it is not reasonably practicable to comply with the other nomination. A person that the chief executive considers appropriate may provide the medical treatment or other health service to the child. Before a health practitioner examines and treats the child, the chief executive must, if practicable, inform the child— that a record of the child’s medical examination and treatment is to be kept at the detention centre; and who has the right to inspect the record under section 36 (3) . s 35 amd 2024 SL No. 232 s 12 (sec.35-ssec.1) A child detained in a detention centre has a right to medical treatment and other health services. (sec.35-ssec.2) The chief executive must ensure that, before medical treatment or another health service is provided to the child, the child is given an opportunity to nominate the sex of the person who will provide the treatment or service. (sec.35-ssec.3) If, in the circumstances, it is not reasonably practicable to comply with the nomination, the chief executive must give the child an opportunity to make another nomination. (sec.35-ssec.4) Subsection (5) applies if— the child does not make a nomination under subsection (2) ; or the child makes another nomination under subsection (3) and it is not reasonably practicable to comply with the other nomination. (sec.35-ssec.5) A person that the chief executive considers appropriate may provide the medical treatment or other health service to the child. (sec.35-ssec.6) Before a health practitioner examines and treats the child, the chief executive must, if practicable, inform the child— that a record of the child’s medical examination and treatment is to be kept at the detention centre; and who has the right to inspect the record under section 36 (3) .
- (a) the child does not make a nomination under subsection (2) ; or
- (b) the child makes another nomination under subsection (3) and it is not reasonably practicable to comply with the other nomination.
- (a) that a record of the child’s medical examination and treatment is to be kept at the detention centre; and
- (b) who has the right to inspect the record under section 36 (3) .