Singapore legislation
Clause 9
of Women’s Charter (Family Violence and Other Matters) (Amendment) Bill
Clause 9
New section 160A
In the principal Act, after section 160, insert —“Giving medical treatment, etc., to women and girls detained or committed to care under section 160160A.—
The Director‑General may require a woman or girl who is detained in a place of safety, or committed to the care of a fit individual, under section 160 to be produced before a healthcare professional for treatment.(2) Subject to subsections (4) and (5), the healthcare professional may treat the woman or girl only if there is consent.(3) Consent may be given —
in the case of a girl below 21 years of age — by her parent or guardian;
in the case of a woman or girl who lacks the mental capacity to consent — by her donee or deputy in accordance with the Mental Capacity Act 2008; and
in any other case — by the woman or girl.(4) The healthcare professional may treat the woman or girl without consent if a Family Court —
is satisfied that it is in the best interests of the woman or girl to receive the treatment; and
authorises the treatment to be administered.(5) If the woman or girl is below 21 years of age or assessed by a mental capacity assessor to lack the mental capacity to consent, the healthcare professional may treat the woman or girl without consent if —
one of the following circumstances applies:
there is no person who can give consent under subsection (3);
the healthcare professional reasonably believes that consent under subsection (3) cannot be obtained within a reasonable time;
the healthcare professional reasonably believes that consent under subsection (3) is being unreasonably withheld; and
the healthcare professional reasonably believes that it is in the best interests of the woman or girl to receive the treatment.(6) Rules made under section 180 may prescribe —
the classes of persons who are recognised as healthcare professionals for the purposes of this section; and
the persons who may be appointed by the Director‑General as mental capacity assessors for the purposes of this section.(7) In this section —“deputy” has the meaning given by section 2(1) of the Mental Capacity Act 2008;“donee” has the meaning given by section 2(1) of the Mental Capacity Act 2008;“treatment” means any medical, psychological or dental treatment, and includes any assessment for the purposes of deciding whether treatment is needed; and “treat” has a corresponding meaning.”.