Elsie called Rebecca letting her know what had happened and asked her to bring Aiden to the hospital as soon as possible. Rebecca said she was in the surgical waiting room at the hospital, and that she had been trying to call, but Arthur wasn't answering his phone and neither had Elsie. Aiden had been in a cycling accident on his way home from school and was currently undergoing surgery for a broken fibula and tibia of his left leg. She had no idea who had consented to the surgery. Neither did Elsie.

Rebecca decided to wait for Aiden to come out of surgery while Elsie waited with Arthur. Once Aiden was out of recovery and admitted to the surgical ward, he was able to tell her that he had been bought in by ambulance after being knocked off his bike by a car that had not seen him. The doctors assessing him had tried to contact his parents and sister but had been unsuccessful. They had asked if he was okay with having an x-ray of his leg because they thought it was broken based on the paramedic's assessment and his pain level. Aiden said he had agreed because he knew why they wanted the x-ray. The doctors were correct, his leg was broken, and he had a big laceration from his left check to his shoulder that would need stitches with both wounds requiring surgery. They had discussed the risks and benefits of surgery and he had understood what they wanted to do. So, he had agreed. Rebecca took all this in and wondered if the doctors had overstepped the mark; shouldn't they have waited until someone was available? She would have to worry about that later. She paid for Aiden to have the TV on in his hospital room and headed to the ICU.

Question 5

Aiden found himself in a situation where no adult could speak or consent to medical treatment for him.

1. Discuss which legal authority was relied on by the surgical team to accept Aiden's consent for the surgery to his broken leg and laceration?
2. Include in my discussion how this legal authority applies in Australia - I MUST include the relevant legal authority