Australian Capital Territory Current Acts

MENTAL HEALTH ACT 2015 - SECT 170

    (1)     The chief psychiatrist must, as soon as practicable after receiving an application under section 169, give a copy of the application to the chairperson of the committee appointed under section 175.

    (2)     The chairperson must as soon as practicable after receiving the application—

        (a)     tell the following people, in writing, of the application:

              (i)     the person on whom the surgery is proposed to be performed (the subject person );

              (ii)     if the subject person is a child—each person with parental responsibility for the child under the Children and Young People Act 2008

, division 1.3.2 (Parental responsibility);

              (iii)     if the subject person has a guardian under the Guardianship and Management of Property Act 1991

—the guardian;

              (iv)     if the subject person has an attorney under the Powers of Attorney Act 2006

—the attorney;

              (v)     if the subject person has a nominated person—the nominated person;

              (vi)     if a health attorney is involved in the treatment, care or support of the subject person—the health attorney; and

        (b)     convene a meeting of the committee to consider the application; and

        (c)     give a written report to the chief psychiatrist that includes the following:

              (i)     the committee's recommendation about whether or not the chief psychiatrist should approve the performance of the psychiatric surgery;

              (ii)     if the committee recommends approval for the surgery—

    (A)     the conditions (if any) to which the approval should be subject; and

    (B)     a statement that the committee is satisfied that the neurosurgeon has the necessary qualifications and experience to perform the surgery;

              (iii)     the committee's reasons for making the recommendations in the report.

    (3)     The committee must—

        (a)     ensure that the people told of the application under subsection (2) (a) are given an opportunity to make an oral or written submission to the committee; and

        (b)     consider any submissions received.

    (4)     The committee must not recommend that the chief psychiatrist approve the performance of psychiatric surgery unless—

        (a)     the committee believes on reasonable grounds that—

              (i)     the surgery will result in substantial benefit to the subject person; and

              (ii)     all alternative forms of treatment reasonably available have failed, or are likely to fail, to benefit the subject person; and

        (b)     the recommendation is supported by the psychiatrist and the neurosurgeon on the committee.

    (5)     The chief psychiatrist must ensure that a copy of the committee's report is placed on the subject person's record.