s 5 If patient refuses treatment, is over 18, of sound mind and – procedure explained to them, medical practitioner and patient can witness a of treatment certificate’. ‘refusal s 5A If patient has agent/guardian they can act on their behalf. – s 5B can refuse medical treatment for patient. – s 5C Tribunal can suspend/revoke authority to refuse treatment. – s 6 MP commits medical trespass if continues procedure despite – knowledge of of treatment certificate’. ‘refusal Did defendant have legal authority to perform act? Statutory powers of arrest (Crimes Act 1958): s 457-9: Arrest must occur with a warrant, unless crime being committed or (for police) there is a reasonable suspicion of offence committed. s 461-2: Reasonable arrest not unlawful, even if no offence committed. Common law: Person arrested must be told why, unless crime very obvious (Christie v Leachinsky). Obligation to release/bring before court in reasonable time (Dallison v Caffery). Contributory negligence? No (Wrongs ss25-26; Act 1958 (Vic) Horkin v North Melbourne). Trespass to Land Trespass/Nuisance – Trespass Does the plaintiff actually have standing to sue? Only if they have possession actual or constructive/adverse (Newington v – Windeyer). License insufficient (Vaughan v Shire of Benalla). Was there a direct interference with land? Slightest crossing of boundary sufficient. No trespass/nuisance if aircraft flying reasonably/ordinarily overhead (Wrongs (Vic) s 30). Act 1958
s 5 – If patient refuses treatment, is over 18, of sound mind and procedure explained to them, medical practitioner and patient can witness a ‘refusal of treatment certificate’. s 5A – If patient has agent/guardian they can act on their behalf. s 5B – can refuse medical treatment for patient. s 5C – Tribunal can suspend/revoke authority to refuse treatment. s 6 – MP commits medical trespass if continues procedure despite knowledge of ‘refusal of treatment certificate’. Did defendant have legal authority to perform act? Statutory powers of arrest (Crimes Act 1958): s 457-9: Arrest must occur with a warrant, unless crime being committed or (for police) there is a reasonable suspicion of offence committed. s 461-2: Reasonable arrest not unlawful, even if no offence committed. Common law: Person arrested must be told why, unless crime very obvious (Christie v Leachinsky). Obligation to release/bring before court in reasonable time (Dallison v Caffery). Contributory negligence? No (Wrongs Act 1958 (Vic) ss25-26; Horkin v North Melbourne). Trespass to Land – Trespass/Nuisance Trespass Does the plaintiff actually have standing to sue? Only if they have possession – actual or constructive/adverse (Newington v Windeyer). License insufficient (Vaughan v Shire of Benalla). Was there a direct interference with land? Slightest crossing of boundary sufficient. No trespass/nuisance if aircraft flying reasonably/ordinarily overhead (Wrongs Act 1958 (Vic) s 30).
Tort-Summary-Notes.docx