Victorian Numbered Acts

MENTAL HEALTH ACT 2014 (NO. 26 OF 2014) - SECT 71

    (1)     This section applies if—

        (a)     a patient—

              (i)     does not have the capacity to give informed consent to the treatment proposed by the authorised psychiatrist; or

              (ii)     has the capacity to give informed consent, but does not give informed consent to treatment proposed by the authorised psychiatrist; and

        (b)     the treatment proposed by the authorised psychiatrist is not electroconvulsive treatment or neurosurgery for mental illness.

Note

See Divisions 5 and 6 for relevant provisions regarding electroconvulsive treatment and neurosurgery for mental illness.

    (2)     For the purposes of determining whether this section applies to a person, it is only the patient not giving informed consent that is relevant and not the refusal to give consent of any other person or body authorised by law to make decisions for the patient.

    (3)     The authorised psychiatrist may make a treatment decision for the patient if the authorised psychiatrist is satisfied that there is no less restrictive way for the patient to be treated other than the treatment proposed by the authorised psychiatrist.

    (4)     In determining whether there is no less restrictive way for the patient to be treated, the authorised psychiatrist must have regard, to the extent that is reasonable in the circumstances, to all of the following—

        (a)     the patient's views and preferences about treatment of his or her mental illness and any beneficial alternative treatments that are reasonably available and the reasons for those views and preferences, including any recovery outcomes that the patient would like to achieve;

        (b)     the views and preferences of the patient expressed in his or her advance statement;

        (c)     the views of the patient's nominated person;

        (d)     the views of a guardian of the patient;

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

        (f)     the views of a parent of the patient, if the patient is under the age of 16 years;

        (g)     the views of the Secretary to the Department of Human Services, if the person is the subject of a custody to Secretary order or a guardianship to Secretary order;

        (h)     the likely consequences for the patient if the proposed treatment is not performed;

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