Victorian Numbered Acts

MENTAL HEALTH ACT 2014 (NO. 26 OF 2014) - SECT 98

    (1)     Electroconvulsive treatment must not be performed on a patient who is not a young person if, at any time before or during the course of electroconvulsive treatment—

        (a)     the patient withdraws his or her consent, in the case of a patient who had consented to the electroconvulsive treatment under section 92(1)(a); or

        (b)     the patient develops the capacity to give informed consent and subsequently does not consent to the treatment, in the case of a patient in respect of whom an application under section 96(1)(a) was granted.

    (2)     Electroconvulsive treatment must not be performed on a young person if, at any time before or during the course of electroconvulsive treatment—

        (a)     the young person withdraws his or her consent; or

        (b)     the young person develops the capacity to give informed consent and does not consent to the treatment; or

        (c)     in the case of a young person who is not a patient, the person who gave informed consent under section 96(2)(a)(iii) withdraws consent.