Victorian Current Acts

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MENTAL HEALTH AND WELLBEING ACT 2022 - SECT 117

When does a course of electroconvulsive treatment begin and end?

    (1)     The course of electroconvulsive treatment begins on the date the Mental Health Tribunal authorises the treatment.

    (2)     The course of electroconvulsive treatment ends at the earliest of the following—

        (a)     all the electroconvulsive treatments for the course of electroconvulsive treatment have been performed;

        (b)     the date by which the course of electroconvulsive treatment must be completed is reached;

        (c)     in the case of the treatment being authorised on the basis that the Mental Health Tribunal was satisfied of the matter referred to in section 115(a)(i) , the young person who is not a patient withdraws their consent to the course of electroconvulsive treatment;

        (d)     in the case of the treatment being authorised on the basis that the Mental Health Tribunal was satisfied of the matters referred to in section 115(a)(ii)

              (i)     the psychiatrist determines that the young person has regained capacity to give informed consent to the course of electroconvulsive treatment; or

              (ii)     the psychiatrist is no longer satisfied that electroconvulsive treatment is the least restrictive treatment; or

              (iii)     the medical treatment decision maker withdraws their consent to the course of electroconvulsive treatment;

        (e)     the young person reaches 18 years of age;

        (f)     the young person becomes a patient;

        (g)     a new order under this Part is made in respect of the young person.

Division 6—Reporting



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