New South Wales Consolidated Acts

MENTAL HEALTH ACT 2007 - SECT 94

94 When electro convulsive therapy may be administered to involuntary patients or persons under 16

(1) Electro convulsive therapy may be administered to an involuntary patient or a person who is under the age of 16 years in accordance with an ECT determination made by the Tribunal at an ECT administration inquiry.

(2) An authorised medical officer may apply to the Tribunal for an ECT administration inquiry about an involuntary patient (other than a patient who is under the age of 16 years) if a certificate is given under this section by at least 2 medical practitioners, at least one of whom is a psychiatrist.

(2A) An authorised medical officer may apply to the Tribunal for an ECT administration inquiry about a person who is under the age of 16 years (including an involuntary patient) if a certificate is given under this section by at least 2 medical practitioners, at least one of whom is a psychiatrist with expertise in the treatment of children or adolescents.

(3) A certificate under this section is a certificate in writing that, after considering the clinical condition and history of treatment of, and any appropriate alternative treatments for, the patient, the medical practitioners are of the opinion that electro convulsive therapy is--

(a) a reasonable and proper treatment to be administered to the patient, and

(b) necessary or desirable for the safety or welfare of the patient.