Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:6:p37
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 6 (pt 37/38)
Character Range: 848761–851328

reasonably believes the disclosure is necessary or appropriate for the performance of functions or the exercise of powers under the Act.
 (4) For subregulation (2), the information is the following:
 (a) the name of the person or the names of persons in the class;
 (b) the residential address of the person or the residential addresses of persons in the class;
 (c) the sex of the person or of persons in the class;
 (d) the date of birth of the person or the dates of birth of persons in the class;
 (e) the immigration status of the person or of persons in the class;
 (f) the CNI number of the person or persons;
 (g) the client number of the person or persons.

5.35  Medical treatment of persons in detention under the Act
 (1) In this regulation:
detainee means a person held at a detention centre in detention under the Act.
medical treatment includes:
 (a) the administration of nourishment and fluids; and
 (b) treatment in a hospital.
 (2) The Secretary may authorise medical treatment to be given to a detainee if:
 (a) the Secretary, acting in person and on the written advice of:
 (i) a Commonwealth Medical Officer; or
 (ii) another registered medical practitioner;
  forms the opinion that:
 (iii) that detainee needs medical treatment; and
 (iv) if medical treatment is not given to that detainee, there will be a serious risk to his or her life or health; and
 (b) that detainee fails to give, refuses to give, or is not reasonably capable of giving, consent to the medical treatment.
 (3) An authorisation by the Secretary under subregulation (2) is authority for the use of reasonable force (including the reasonable use of restraint and sedatives) for the purpose of giving medical treatment to a detainee.
 (4) A detainee to whom medical treatment is given under an authorisation under subregulation (2) is taken for all purposes to have consented to the treatment.
 (5) Medical treatment that is given under an authorisation under subregulation (2) must be given by, or in the presence of, a registered medical practitioner.
 (6) Nothing in this regulation authorises the Secretary to require a registered medical practitioner to act in a way contrary to the ethical, moral or religious convictions of that medical practitioner.

5.35AA  Decisions that are not privative clause decisions
  For subsection 474(5) of the Act, a decision, or a decision included in a class of decisions, made under a provision of the Act set out in the following table is not a privative clause decision.

Item  Provision               Subject matter of provision