At what age can a child consent to their own medical treatment?
Unless it is an emergency, a medical professional must obtain consent to administer any medical treatment to a child or adult. Without consent, the criminal offence of assault will be committed. Section 8(1) of the Family Law Reform Act 1969, provides that anyone aged 16 or older is presumed in law to have capacity to consent to medical, surgical or dental treatment, and counselling, unless there is any evidence to suggest the contrary. This might be in circumstances such as where the person has an underlying mental health condition or is unconscious and rendered unable to consent.
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