Victorian Numbered Acts Victorian Numbered Acts(1) In relation to an application made under section 93, the Tribunal must—
(a) grant the application if the Tribunal is satisfied that—
(i) the patient does not have the capacity to give informed consent; and
(ii) there is no less restrictive way for the patient to be treated; or
(b) refuse to grant the application if the Tribunal is not satisfied as to the matters referred to in paragraph (a).
(2) In relation to an application made under section 94, the Tribunal must—
(a) grant the application if the Tribunal is satisfied that—
(i) the young person has given his or her informed consent in writing to the performance of electroconvulsive treatment on himself or herself; or
(ii) the young person is a patient and does not have capacity to give informed consent and there is no less restrictive way for the young person to be treated; or
(iii) the young person is not a patient and does not have capacity to give informed consent and 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 there is no less restrictive way for the young person to be treated; or
(b) refuse to grant the application if the Tribunal is not satisfied as to any of the matters referred to in paragraph (a).
(3) In determining under subsection (1) or (2) whether there is no less restrictive way for a patient who is not a young person or for a young person to be treated, the Tribunal must, to the extent that is reasonable in the circumstances, have regard to—
(a) in respect of a patient who is not a young person, the matters specified in section 93(2); and
(b) in respect of the young person, the matters specified in section 94(3).
(4) The Tribunal must notify the patient who is not a young person or the young person and the following persons of its decision to grant or refuse to grant an application made under section 93 or 94—
(a) the authorised psychiatrist or psychiatrist who made the application;
(b) a parent, if the young person is under the age of 16 years;
(c) if the young person did not have capacity to give informed consent, a person who gave informed consent under section 96(2)(a)(iii);
(d) the nominated person of the patient or young person;
(e) a guardian;
(f) a carer, if the Tribunal is satisfied that performing electroconvulsive treatment on the patient or young person will directly affect the carer and the care relationship;
(g) the Secretary of the Department of Human Services, if the young person is the subject of a custody to Secretary order or a guardianship to Secretary order.