Western Australian Current Acts

MENTAL HEALTH ACT 2014 - SECT 197

197 .         ECT on adult voluntary patient

        (1)         This section applies in relation to an adult who is a voluntary patient.

        (2)         A medical practitioner can perform electroconvulsive therapy on the patient if —

            (a)         informed consent is given to the electroconvulsive therapy being performed; and

            (b)         the electroconvulsive therapy is performed at a mental health service approved under section 544 for that purpose; and

            (c)         in performing the electroconvulsive therapy, the medical practitioner has regard to the guidelines published under section 547(1)(f) for that purpose.

        Notes for this section:

        1.         For section 197(2)(a), an adult can give informed consent in an advance health directive (see the GAA Act section 110ZJ(2)) or an adult’s enduring guardian or guardian or the person responsible for the adult can give informed consent on the adult’s behalf (see the GAA Act section 110ZJ(3) to (5)).

        2.         The GAA Act sections 110ZI and 110ZIA do not apply in relation to the performance of ECT on an adult who is a voluntary patient.