Victorian Current Acts

MENTAL HEALTH AND WELLBEING ACT 2022 - SECT 104

    (1)     A psychiatrist may apply to the Mental Health Tribunal for authority to perform a course of electroconvulsive treatment on a person who is an adult and not a patient if—

        (a)     the person does not have capacity to give informed consent to receiving the treatment; and

        (b)     the psychiatrist is satisfied in the circumstances that there is no less restrictive way for the person to be treated; and

        (c)     the person—

              (i)     has an instructional directive giving informed consent to electroconvulsive treatment; or

              (ii)     does not have an instructional directive giving consent to electroconvulsive treatment and the person's medical treatment decision maker gives informed consent in writing to a course of electroconvulsive treatment.

    (2)     In deciding whether there is a less restrictive way for the person who is an adult and not a patient to be treated, the psychiatrist must have regard to the following—

S. 104(2)(a) substituted by No. 20/2023 s. 6.

        (a)     the person's views and preferences regarding electroconvulsive treatment, and any beneficial alternative treatment that is reasonably available, and the reasons for those views and preferences, including any recovery outcomes the person would like to achieve;

        (b)     any relevant values directive given by the person;

        (c)     the views of the person's medical treatment decision maker;

        (d)     the views of the person's guardian (if any);

        (e)     the views of the person's support person (if any);

        (f)     if the psychiatrist is satisfied that decision will directly affect the carer and the care relationship, the views of the person's carer;

        (g)     whether the electroconvulsive treatment is likely to remedy or lessen the symptoms of mental illness;

        (h)     the likely consequences for the person if the electroconvulsive treatment is not performed;

              (i)     any psychiatric opinion given by another psychiatrist that has been given to the psychiatrist making the application.

    (3)     A psychiatrist may make a further application under subsection (1) during or after the course of electroconvulsive treatment.