New South Wales Consolidated Acts
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MENTAL HEALTH ACT 2007 - SECT 100
Secretary may consent to surgery
100 Secretary may consent to surgery
(1) An authorised medical officer may apply to the Secretary for consent to
the performance of a surgical operation on an involuntary patient.
(2) An
application is to be made to the Secretary if a designated carer of the
patient agrees, in writing, to the performance of the surgical operation.
(3)
On an application, the Secretary may consent to the performance of a
surgical operation on an involuntary patient if of the opinion that-- (a) the
patient is incapable of giving consent to the operation, and
(b) it is
desirable, having regard to the interests of the patient, to perform the
surgical operation on the patient.
(5) An application must be made not
earlier than 14 days after notice of the proposed application is given under
section 78, but may be made sooner if-- (a) the authorised medical officer is
of the opinion that the urgency of the circumstances requires an earlier
determination of the matter, or
(b) the person notified indicates that the
person does not object.
(6) The consent is to be in writing and signed by the
person giving the consent.
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