Australian Capital Territory Consolidated Acts

MENTAL HEALTH (TREATMENT AND CARE) ACT 1994 - SECT 55M

    (1)     The chief psychiatrist and a doctor may jointly apply for an order (an emergency electroconvulsive therapy order ) for the emergency administration of electroconvulsive therapy to a person if the chief psychiatrist and doctor believe on reasonable grounds that—

        (a)     the person is at least 16 years old; and

        (b)     the person has a mental illness; and

        (c)     the administration of the electroconvulsive therapy is necessary to save the person's life.

    (2)     The application must be accompanied by—

        (a)     if a psychiatric treatment order is in force in relation to the person—an application for an electroconvulsive therapy order in relation to the person; or

        (b)     an application for both a psychiatric treatment order and an electroconvulsive therapy order in relation to the person.

Note 1     The ACAT must give a copy of the application and accompanying documents to the following people as soon as practicable (and not longer than 24 hours) after the application is lodged:

              •     the public advocate

              •     if the person is a child—the C&YP chief executive (see s 79).

Note 2     Certain people are entitled to appear and give evidence, and be represented, at the proceeding including the following:

              •     the person who is the subject of the proceeding

              •     the public advocate

              •     the discrimination commissioner.

Other people are also entitled to appear (see s 80).