New South Wales Consolidated Acts
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MENTAL HEALTH ACT 2007 - SECT 103
Tribunal may consent to special medical treatment
(1) An authorised medical officer of a mental health facility may apply to the
Tribunal for consent to the carrying out of special medical treatment on an
involuntary patient detained in the facility.
(2) On an application, the
Tribunal may consent to the carrying out of special medical treatment on a
patient (other than prescribed special medical treatment) if the Tribunal is
satisfied that it is necessary to prevent serious damage to the health of the
patient.
(3) The Tribunal may consent to the carrying out of
prescribed special medical treatment if the Tribunal is satisfied that-- (a)
the treatment is the only or most appropriate way of treating the patient, and
is manifestly in the best interests of the patient, and
(b) in so far as the
National Health and Medical Research Council has prescribed guidelines that
are relevant to the carrying out of the treatment--those guidelines have been
or will be complied with as regards the patient.
(4) The Tribunal must not
consent to the carrying out of special medical treatment on a patient who is
under the age of 16 years.
(5) An application for consent 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 the authorised medical officer is of the
opinion that the urgency of the circumstances requires an earlier
determination of the matter or the person notified agrees.
(6) In this
section--
"prescribed special medical treatment" means special medical treatment
referred to in paragraph (b) of the definition of
"special medical treatment" in section 98.
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