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Oranga Tamariki Act 1989

Care and protection of children and young persons - Medical examination of child or young person

55: Restrictions on internal examinations and examinations under general anaesthetic

You could also call this:

"Rules to protect kids from uncomfortable medical checks"

Illustration for Oranga Tamariki Act 1989

If you are a child or young person, there are rules to protect you when you have a medical examination. You cannot have an internal examination of your genitals or anus unless a health practitioner thinks you may have been hurt in those areas and you agree to the examination. The health practitioner must believe you have been physically or sexually abused in those areas.

When you have a medical examination under section 53, you cannot be given a general anaesthetic. This means you will not be put to sleep for the examination.

If you are too young to understand or agree to an examination, you do not have to give your consent. This is because the law knows you might not be able to make decisions about your own body at a very young age.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM150036.

Topics:
Health and wellbeing > Healthcare servicesFamily and relationships > Children and parentingCrime and justice > Victim support
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54: Child or young person entitled to have adult present, or

"You can have a chosen adult with you during a medical check"

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56: Health practitioner to prepare report on examination, or

"A doctor or nurse must write a report after checking a child or young person's health."

Part 2Care and protection of children and young persons
Medical examination of child or young person

55Restrictions on internal examinations and examinations under general anaesthetic

  1. No medical examination carried out under section 53 shall include any internal examination of the genitals or anus of any child or young person unless—

  2. the health practitioner carrying out the examination believes that the child or young person may have been subject to recent physical or sexual abuse involving either or both of those parts of the body; and
    1. the child or young person consents to such an examination of that part of the body.

      1. No medical examination carried out under section 53 shall include any medical procedure that involves the administration of a general anaesthetic to the child or young person.

      2. Nothing in subsection (1)(b) requires the consent of any child or young person to any examination if the age or level of maturity of the child or young person makes it impracticable to obtain such consent.

      Notes
      • Section 55(1)(a): amended, on , by section 9 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2016 (2016 No 75).