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 The Tribunal is, on an ECT administration inquiry, to determine whether or not an ECT determination should be made in relation to the patient about whom the inquiry is held.

(3) ECT determinations that enable treatment of involuntary patients An ECT determination 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 and desirable for the safety or welfare of the patient.

(4) Maximum number of treatments for involuntary patients 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 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.

(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, 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) 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) consider the views of the patient or person about whom the inquiry is being held about the treatment,

(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.