South Australian Numbered Acts

MENTAL HEALTH (INPATIENT) AMENDMENT ACT 2012 (NO 26 OF 2012) - SECT 6

6—Amendment of section 42—ECT

        (1)         Section 42(1)(c)—delete the paragraph and substitute:

            (c)         written consent to the treatment has been given—

                  (i)         if the patient has attained 16 years of age and is capable of making decisions on his or her own behalf—by the patient; or

                  (ii)         if the patient has attained 16 years of age but is incapable of making decisions on his or her own behalf—by a medical agent or guardian of the patient or by the Board on application under this section; or

                  (iii)         if the patient is under 16 years of age—by a parent or guardian of the patient or by the Board on application under this section.

        (2)         Section 42(9)(a)—delete paragraph (a)