Victorian Numbered Acts Victorian Numbered Acts(1) After hearing an application made under section 100, the Tribunal may—
(a) grant the application; or
(b) refuse to grant the application.
(2) The Tribunal must not grant an application under subsection (1) unless it is satisfied that—
(a) the person in respect of whom the application was made has given informed consent in writing to the performance of neurosurgery for mental illness on himself or herself; and
(b) the performance of neurosurgery for mental illness will benefit the person.
(3) In determining whether the performance of neurosurgery for mental illness will benefit the person, the Tribunal must have regard to the following—
(a) whether the neurosurgery for mental illness is likely to remedy the mental illness or alleviate the symptoms and reduce the ill effects of the mental illness;
(b) the likely consequences for the person if neurosurgery for mental illness is not performed;
(c) any beneficial alternative treatments that are reasonably available and the person's views and preferences about those treatments;
(d) the nature and degree of any discomfort, risks and common or expected side effects associated with the proposed neurosurgery for mental illness, including the person's views and preferences about any such discomfort, risks or common or expected side effects.