Victorian Current Acts

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MENTAL HEALTH AND WELLBEING ACT 2022 - SECT 105

Determination of an application for an order—adult who is not a patient

On receiving an application under this Division, the Mental Health Tribunal must determine the application and—

        (a)     make an order authorising a course of electroconvulsive treatment if the Tribunal is satisfied that—

              (i)     the person who is an adult and not a patient does not have capacity to give informed consent; and

              (ii)     there is no less restrictive way for the person to be treated; and

              (iii)     either—

    (A)     the person has an instructional directive giving informed consent to electroconvulsive treatment; or

    (B)     the person 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 the course of electroconvulsive treatment; or

        (b)     make an order refusing the treatment.



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