New South Wales Consolidated Acts

MENTAL HEALTH ACT 2007 - SECT 101

101 Tribunal may consent to surgery

(1) An authorised medical officer of a mental health facility may apply to the Tribunal for consent to the performance of a surgical operation on an involuntary patient detained in the facility.

(2) An application is to be made to the Tribunal if none of the designated carers of the person agree, in writing, to the performance of the surgical operation.

(3) On an application, the Tribunal may consent to the performance of a surgical operation on an involuntary patient (other than a forensic patient or correctional patient not suffering from a mental illness) if the Tribunal is of the opinion that--

(a) the patient is incapable of giving consent to the operation or is capable of giving consent but refuses to give that consent or neither gives nor refuses to give that consent, and

(b) it is desirable, having regard to the interests of the patient, to perform the surgical operation on the patient.

(4) On an application, the Tribunal may consent to the performance of a surgical operation on a forensic patient or correctional patient not suffering from a mental illness if the Tribunal is of the opinion that--

(a) the patient is incapable of giving consent to the operation, and

(b) it is desirable, having regard to the interests of the patient, to perform the surgical operation on the patient.

(5) An application for consent must be made not earlier than 14 days after notice of the proposed application is given under section 78, but may be made sooner if--

(a) the authorised medical officer is of the opinion that the urgency of the circumstances requires an earlier determination of the matter, or

(b) the person notified indicates that the person does not object.