New South Wales Consolidated Acts
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MENTAL HEALTH ACT 2007 - SECT 99
Emergency surgery for involuntary patients
(1) An authorised medical officer or the Secretary may consent to the
performance of a surgical operation on an involuntary patient (other than a
forensic patient or correctional patient not suffering from a mental illness)
if of the opinion that-- (a) the patient is incapable of giving consent to the
operation or is capable of giving consent but refuses to give that consent or
neither gives nor refuses to give that consent, and
(b) it is necessary, as a
matter of urgency, to perform a surgical operation on the patient in order to
save the patient's life or to prevent serious damage to the patient's health
or to prevent the patient from suffering or continuing to suffer significant
pain or distress.
(2) An authorised medical officer or the Secretary may
consent to the performance of a surgical operation on a forensic patient or
correctional patient not suffering from a mental illness if of the opinion
that-- (a) the patient is incapable of giving consent to the operation, and
(b) it is necessary, as a matter of urgency, to perform a surgical operation
on the patient in order to save the patient's life or to prevent serious
damage to the patient's health or to prevent the patient from suffering or
continuing to suffer significant pain or distress.
(3) The consent is to be
in writing and signed by the person giving the consent.
(4) The
authorised medical officer of the mental health facility in which the
involuntary patient is detained must, as soon as practicable after the
performance of a surgical operation consented to under this section, notify
the Tribunal of the operation.
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