Australian Capital Territory Current Acts

MENTAL HEALTH ACT 2015 - SECT 268

    (1)     Despite anything in the Guardianship and Management of Property Act 1991

or an order appointing a guardian, a guardian appointed for a person under that Act—

        (a)     is not entitled to give consent to electroconvulsive therapy or psychiatric surgery; and

        (b)     if the person is subject to a community care order—is not entitled to decide anything for the person contrary to any determinations or decisions made in relation to the person by the care coordinator under the community care order (or any related restriction order).

    (2)     Despite anything in the Guardianship and Management of Property Act 1991

, section 70 (ACAT may consent to prescribed medical procedures), the ACAT must not, while exercising its jurisdiction under the Act—

        (a)     make an order in relation to any consent to electroconvulsive therapy or psychiatric surgery; and

        (b)     make an order in relation to a person contrary to any community care order (or restriction order) made in relation to the person.

Note     In certain circumstances a guardian can consent to a person's treatment, care or support for mental illness (see Guardianship and Management of Property Act 1991

, s 70A).