Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) For this part, a person gives informed consent to a procedure if the consent is given by the person after—
(a) the person has been given a clear explanation of the procedure that contains sufficient information to enable the person to make a balanced judgment about whether or not to consent to the procedure; and
(b) the person has been given an adequate description (without exaggeration or concealment) of the benefits, discomfort and risks involved in the procedure; and
(c) the person has been advised of all alternative treatments reasonably available that may be of benefit to the person; and
(d) the person has been given an opportunity to ask any questions about the procedure, those questions have been answered and the person appears to have understood the answers; and
(e) a full disclosure has been made to the person of any financial relationship between the person seeking to obtain the consent, the doctor who is proposing to conduct the procedure or both (as the case may be) and the psychiatric institution at which it is proposed to conduct the procedure; and
(f) the person has been given, has read and appears to have understood a notice stating that—
(i) the person has the right to obtain independent legal and medical advice and any other independent advice or assistance before giving informed consent; and
(ii) the person is free to refuse or withdraw consent and to have the procedure discontinued at any time; and
(g) the person has been given an information statement.
(2) For this part, informed consent shall be given in writing signed by the person giving the consent and witnessed by a person, other than the person seeking to obtain the consent or the doctor who is proposing to conduct the procedure.
(3) In this section:
"procedure" means—
(a) the administration of electroconvulsive therapy; or
(b) the performance of psychiatric surgery.