Victorian Numbered Acts

MENTAL HEALTH ACT 2014 (NO. 26 OF 2014) - SECT 76

    (1)     For the purposes of section 75, an authorised psychiatrist may consent to medical treatment being administered to a patient who does not have capacity to give informed consent if the authorised psychiatrist is satisfied that the medical treatment would benefit the patient.

    (2)     In determining whether a medical treatment would benefit a patient specified in subsection (1), the authorised psychiatrist must, to the extent that is reasonable in the circumstances, have regard to all of the following—

        (a)     the patient's views and preferences regarding medical treatment and any beneficial alternative treatments that are reasonably available and the reasons for those views and preferences, including any recovery outcomes the patient would like to achieve;

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

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

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

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

        (f)     the views of the Secretary, if the patient is the subject of a custody to Secretary order or a guardianship to Secretary order;

        (g)     if the medical treatment is likely to remedy the condition or lessen the symptoms of the condition;

        (h)     the likely consequences for the patient if the medical treatment is not administered;

              (i)     any second opinion of a registered medical practitioner that has been given to the authorised psychiatrist.

    (3)     If the authorised psychiatrist is of the opinion that a patient who does not currently have capacity to give informed consent to medical treatment is likely to have capacity to give informed consent within a reasonable period of time, the authorised psychiatrist must not give consent to the medical treatment unless the delay in administering or performing the medical treatment could result in serious harm to, or deterioration in, the mental or physical health of the patient.