Medical Consent for Grandparents Caring for a Child in South Australia

The Problem at the Front Desk

You have taken your grandchild to the GP for a vaccination or a sick visit, and the receptionist asks for the parent's signature. The parent is not there — that is the whole reason the child is living with you. Suddenly a routine appointment becomes an argument about paperwork.

This happens constantly to grandparent and kinship carers in South Australia. The good news is that the law is clearer than most clinic staff realise.

What the Consent to Medical Treatment Act 1995 Actually Says

South Australia's Consent to Medical Treatment and Palliative Care Act 1995 sets out who can authorise medical treatment for a child:

Children under 16: Under section 12(a), a medical practitioner may administer treatment with a parent or guardian's consent. The Act defines "parent" to include an adult acting in loco parentis. A child may also consent under section 12(b) if the treating practitioner believes the child can understand the treatment's nature, consequences and risks and that treatment is in the child's best interests, and this opinion is supported in writing by another practitioner who personally examines the child. Section 13 addresses emergency treatment in certain circumstances. Section 14B does not apply to children; section 14A excludes children from Part 2A of the Act. A grandparent is not automatically a parent or guardian just because the child lives with them, and a statutory declaration alone does not give consent authority.

Young people aged 16–17: Under section 6 of the Act, they have full statutory legal capacity to consent to or refuse medical, dental and surgical treatment. They do not need your signature or the parent's.

What This Means in Practice

If you are an informal kinship carer, you are not automatically authorised to consent just because you provide day-to-day care. An adult acting in loco parentis is included in the Act's definition of parent, but a statutory declaration does not itself establish that status or give consent authority. Ask the provider who can consent in your circumstances.

The difficulty is that a clinic may need to determine whether you are a parent or guardian, or acting in loco parentis, for the child and the treatment. Bring documents explaining the care arrangement and ask what further evidence the provider needs.

How to Handle the GP Appointment

Bring documentation that establishes you as the child's day-to-day carer:

1. A statutory declaration stating that you provide primary care, how long the arrangement has been in place, and that the parent is unable or unavailable to attend medical appointments
2. The child's Medicare card showing them registered under your name
3. A school enrolment letter or other official record confirming your address as the child's home
4. A brief reference to the Act — section 12 of the Consent to Medical Treatment and Palliative Care Act 1995 (SA) addresses treatment of children; do not rely on section 14B as authority to consent for a child

If the clinic still refuses, ask to speak with the practice manager or the treating GP directly. Most practitioners, once they see the statutory declaration and the Act reference, will proceed.

Vaccinations

The same consent framework applies to childhood vaccinations. Once the child is on your Medicare card, you can access their Australian Immunisation Register history through myGov; Medicare-card access does not by itself establish that you can consent to vaccination.

When a Carer Needs More Authority

The Act does not set a simple "routine versus elective" rule for informal carers. A parent or guardian, or an adult acting in loco parentis, may consent under section 12. If a parent objects or the provider is unsure who can consent, ask the Legal Services Commission of SA Helpline (1300 366 424) for free initial advice about your situation.

Building Your Medical Consent File

The SA kinship carer guide walks through exactly how to build a consent documentation package that covers GP visits, dental, vaccinations and allied health — with the statutory references medical staff need to see and the proof-of-care evidence that clears the front desk on the first visit.

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