Obtain Consent from Casualty Where Possible
Australian law provides that an individual retains control of their own personal being and as such, that individual may bring charges if touched without consent.
They further maintain the right to accept or reject medical and/or First Aid treatment, assistance or advice. The casualty may do this with either professional medical personnel or a First Aid provider. If rejected, DO NOT FORCE provision of First Aid on them.
Make a note in your records for the proper authorities that the casualty refused aid. The injured person also maintains his or her right to consult with the medical professional of their own choosing.
'Implied Consent' may come into play with emergency situations. If the casualty is unconscious or seriously injured, i.e. bleeding profusely, the law allows for 'Implied Consent'. The application of 'Implied Consent' may only be allowed if the casualty is in a life threatening situation or their future health is in jeopardy.
In a situation that involves infants or small children, it is always best to obtain consent from a parent or guardian. If none are available and it is an emergency situation, the law allows the provider to take 'reasonable action' without formal consent.
Remember:
When offering any assistance to a casualty who is conscious, it is important to seek their permission for you to provide first aid management. If the casualty is unconscious or in a life threatening situation, you should act immediately and presume that they would prefer you to offer any assistance.
When offering first aid management for people under the age of 18, consent should also be sought from their parent or guardian, when available.
A casualty who is of sound mind and has not provided consent or has clearly stated that they want to be left alone, must have their wishes respected otherwise it could be considered assault. Even with the best of intentions, it is very important that permission is sought prior to administrating first aid. The casualty who tells the first aider that they are fine and that they do not need help has their own reasons for refusing assistance.