Victorian Numbered Acts

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MENTAL HEALTH ACT 2014 (NO. 26 OF 2014) - SECT 400

Psychosurgery

    (1)     On and after 1 July 2014, an application for consent to the performance of psychosurgery made under section 58(1) of the 1986 Act is taken to be an application made under section 100(2) of the 2014 Act if, immediately before that day—

        (a)     the application is made under the 1986 Act; and

        (b)     the Psychosurgery Review Board has not started hearing the matter in relation to the application.

    (2)     An application for consent to the performance of psychosurgery that, immediately before 1 July 2014, is made under section 58(1) of the 1986 Act and is not determined by the Psychosurgery Review Board under section 64 of the 1986 Act, is taken to be, on and after 1 July 2014, an application made under section 100(2) of the 2014 Act.

    (3)     If, immediately before 1 July 2014, the Psychosurgery Review Board gives its consent under section 64 of the 1986 and the proposed surgery is not performed, on and after that day the consent is taken to be a grant of an application under section 102(1) of the 2014 Act.

    (4)     A psychiatrist who, immediately before 1 July 2014, arranges for a neurosurgeon to perform psychosurgery on a person and has not made a written report to the Psychosurgery Review Board must comply with the requirements of section 104 of the 2014 Act.



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