Australian Capital Territory Current Acts

MENTAL HEALTH ACT 2015 - SECT 156

In making an electroconvulsive therapy order in relation to a person, the ACAT must take into account the following:

        (a)     whether the person consents, refuses to consent or has the decision-making capacity to consent to the electroconvulsive therapy;

        (b)     the views and wishes of the person, so far as they can be found out, including in—

              (i)     an advance agreement; and

              (ii)     an advance consent direction;

        (c)     the views of the people responsible for the day-to-day care of the person, so far as those views are made known to the ACAT;

        (d)     the views of the people appearing at the proceeding;

        (e)     the views of the people consulted under section 154 (Consultation by ACAT—electroconvulsive therapy order);

        (f)     any alternative treatment, care or support reasonably available, including—

              (i)     the purpose of the treatment, care or support; and

              (ii)     the benefits likely to be derived by the person from the treatment, care or support; and

              (iii)     the distress, discomfort, risks, side effects or other disadvantages associated with the treatment, care or support;

        (g)     any relevant medical history of the person.