New South Wales Consolidated Acts

MENTAL HEALTH ACT 2007 - SECT 96

96 Purpose and findings of ECT inquiries

(1) ECT consent inquiries about voluntary patients The Tribunal is, on an ECT consent inquiry, to determine whether or not the person is capable of giving informed consent to the administration of electro convulsive therapy and has given that consent.

(2) ECT administration inquiries about involuntary patients or persons under 16 The Tribunal is, on an ECT administration inquiry, to determine whether or not an ECT determination should be made in relation to the patient or person under the age of 16 years about whom the inquiry is held.

(3) ECT determinations that enable treatment of involuntary patients (other than persons under 16) An ECT determination for an involuntary patient (other than a person under the age of 16 years) is a determination--

(a) that the patient is capable of giving informed consent to the electro convulsive therapy and has given that consent, or

(b) that--

(i) the patient is incapable of giving informed consent or is capable of giving informed consent to the electro convulsive therapy but has refused, or has neither consented nor refused, to have the treatment administered, and

(ii) after considering the medical opinions and other information placed before it, the Tribunal is satisfied the electro convulsive therapy is a reasonable and proper treatment and is necessary or desirable for the safety or welfare of the patient.

(3A) ECT determinations that enable treatment of persons under 16 An ECT determination for a person under the age of 16 years (including an involuntary patient) is a determination--

(a) in the case of an involuntary patient or other person, that--

(i) the person is capable of giving informed consent to the electro convulsive therapy and has given that consent, and

(ii) after considering the medical opinions and other information placed before it, the Tribunal is satisfied that the electro convulsive therapy is a reasonable and proper treatment and is necessary or desirable for the safety or welfare of the person, or

(b) in the case of an involuntary patient, that--

(i) the patient is incapable of giving informed consent or is capable of giving informed consent to the electro convulsive therapy but has refused, or has neither consented nor refused, to have the treatment administered, and

(ii) after considering the medical opinions and other information placed before it, the Tribunal is satisfied that the electro convulsive therapy is a reasonable and proper treatment and is necessary or desirable for the safety or welfare of the person.

(4) Maximum number of treatments for involuntary patients or persons under 16 In any ECT determination, the Tribunal must also specify the number of treatments that are approved (not exceeding 12).

(5) Increase in maximum number of treatments for involuntary patients or persons under 16 Despite subsection (4), the Tribunal may specify more than 12 treatments if the Tribunal is satisfied that, having regard to the special circumstances of the case (including the success of any previous electro convulsive therapy), the higher number of treatments is justified.

(5A) Rights of appearance A patient or person must appear before the Tribunal during an ECT inquiry unless--

(a) an authorised medical officer applies to have the ECT inquiry carried out in the absence of the patient or person because the patient or person has refused to attend the ECT inquiry or because the officer is of the opinion that the patient or person is too unwell to attend the ECT inquiry, and

(b) the Tribunal is satisfied that the patient or person has refused to attend or is too unwell to attend and is unlikely to be well enough to attend within a reasonable period, and

(c) the Tribunal is satisfied that any
"representative" of the patient or person (being an Australian legal practitioner, or other person approved by the Tribunal, who is representing the patient or person for the purposes of the inquiry) has been notified of the review or that reasonable steps have been taken to notify the representative, and

Note : Section 154 contains provisions relating to the right to representation.

(d) the Tribunal has considered the views (if known) of each of the following--

(i) the patient or person,

(ii) any representative of the patient or person,

(iii) the designated carer of the patient or person,

(iv) the principal care provider of the patient or person, and

(e) the Tribunal is of the opinion that determining the ECT inquiry in the absence of the patient or person is desirable for the safety or welfare of the patient or person.

(6) Procedures applying to ECT inquiries For the purposes of an ECT inquiry, the Tribunal is to do the following--

(a) in the case of an ECT administration inquiry, take reasonable steps to find out from the patient about whom the inquiry is being held whether or not the patient was aware of the authorised medical officer's obligation to give notice of the inquiry and whether notice of the inquiry was given in accordance with this Act,

(b) take reasonable steps to inform the patient or person about whom the inquiry is being held of the nature and possible results of the inquiry, if the patient or person has not or appears not to have been informed of them,

(c) inquire about the administration of any medication to the patient or person about whom the inquiry is being held and take account of its effect on the patient's or person's ability to communicate,

(d) take reasonable steps to consider the views of the patient or person about whom the inquiry is being held about the treatment,

(d1) in the case of an ECT administration inquiry for a person who is under the age of 16 years, consider the views (if known) of any designated carer, principal care provider of the person or parent (if not a designated carer or the principal care provider),

(e) consider any information before it.

(7) Duration of ECT determination An ECT determination has effect for 6 months from the date the determination is made unless a shorter period is specified in the determination.