Victorian Numbered Acts

MENTAL HEALTH ACT 2014 (NO. 26 OF 2014) - SECT 94

    (1)     An authorised psychiatrist may make an application to the Tribunal to perform a course of electroconvulsive treatment on a young person who is a patient if the young person—

        (a)     has given informed consent in writing to the performance of a course of electroconvulsive treatment on himself or herself; or

        (b)     does not have capacity to give informed consent but the authorised psychiatrist is satisfied in the circumstances that there is no less restrictive way for the young person to be treated.

    (2)     A psychiatrist may make an application to the Tribunal to perform a course of electroconvulsive treatment on a young person who is not a patient if—

        (a)     the young person has given informed consent in writing to the performance of a course of electroconvulsive treatment on himself or herself; or

        (b)     the young person does not have capacity to give informed consent but—

              (i)     a person who has the legal authority to consent to treatment for the young person has given informed consent in writing to the performance of a course of electroconvulsive treatment on the young person; and

              (ii)     the psychiatrist is satisfied in the circumstances that there is no less restrictive way for the young person to be treated.

    (3)     In determining under subsection (1)(b) or (2)(b)(ii) whether there is no less restrictive way for a young person to be treated, the authorised psychiatrist or psychiatrist (as the case may be) must, to the extent that is reasonable in the circumstances, have regard to all of the following—

        (a)     the views and preferences of the young person in relation to electroconvulsive treatment and any beneficial alternative treatments that are reasonably available and the reasons for those views and preferences, including any recovery outcomes the young person would like to achieve;

        (b)     the views and preferences of the young person expressed in any advance statement that the young person may have prepared;

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

        (d)     the views of a carer of the young person, if authorised psychiatrist or psychiatrist is satisfied that the decision to perform a course of electroconvulsive treatment will directly affect the carer and the care relationship;

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

        (f)     the views of a person who has the legal authority to consent to treatment for the young person under subsection (2)(b)(i);

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

        (h)     the likely consequences for the young person if the electroconvulsive treatment is not performed;

              (i)     any psychiatric opinion given by another psychiatrist that has been given to the psychiatrist or authorised psychiatrist making the application.