Australian Capital Territory Current Acts

MENTAL HEALTH ACT 2015 - SECT 157

    (1)     On application under section 153, the ACAT may make an electroconvulsive therapy order in relation to a person who is at least 12 years old if satisfied that—

        (a)     the person has a mental illness; and

        (b)     the person does not have decision-making capacity to consent to the administration of electroconvulsive therapy; and

        (c)     the person does not have an advance consent direction refusing consent to electroconvulsive therapy; and

        (d)     the administration of electroconvulsive therapy is likely to result in substantial benefit to the person; and

        (e)     either—

              (i)     all other reasonable forms of treatment available have been tried but have not been successful; or

              (ii)     the treatment is the most appropriate treatment reasonably available.

    (2)     Also on application under section 153, the ACAT may make an electroconvulsive therapy order in relation to a person who is at least 12 years old but under 18 years old if satisfied that—

        (a)     the person has a mental illness; and

        (b)     the person has decision-making capacity to consent to the administration of electroconvulsive therapy; and

        (c)     the person consents to the administration of electroconvulsive therapy; and

        (d)     the administration of electroconvulsive therapy is likely to result in substantial benefit to the person.

    (3)     The ACAT must, as soon as practicable after making an electroconvulsive therapy order under this section, give a copy of the order to the following:

        (a)     the person in relation to whom the order is made;

        (b)     the person who applied for the order;

        (c)     the people consulted under section 154 (Consultation by ACAT—electroconvulsive therapy order).