Victorian Current Acts

MENTAL HEALTH AND WELLBEING ACT 2022 - SECT 99

    (1)     An authorised psychiatrist may apply to the Mental Health Tribunal for authority to perform a course of electroconvulsive treatment on an adult patient if—

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

        (b)     the authorised psychiatrist is satisfied that in the circumstances there is no less restrictive way for the patient to be treated.

    (2)     In deciding whether there is a less restrictive way for the patient to be treated, the authorised psychiatrist must have regard to the following—

        (a)     the patient'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 patient would like to achieve;

        (b)     any of the patient's relevant views and preferences specified in their advance statement of preferences (if any);

        (c)     any of the patient's relevant views and preferences expressed by the patient's nominated support person;

        (d)     the views of the patient's guardian;

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

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

        (g)     the likely consequences for the patient if the electroconvulsive treatment is not administered;

        (h)     any second psychiatric opinion that has been given to the authorised psychiatrist.

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