MENTAL HEALTH ACT 1990 - SECT 194 Result of inquiry

This legislation has been repealed.

MENTAL HEALTH ACT 1990 - SECT 194

194 Result of inquiry

(1) The Tribunal may, after holding an inquiry on an application under section 185 or 188 concerning a person or patient, determine that the person or patient:

(a) is capable of giving informed consent to the administration to the person or patient of a treatment to which this Division applies, and

(b) has given that consent.

(2) After holding an inquiry on an application under section 188 concerning the administration of electro convulsive therapy to a person or patient, the Tribunal may determine:

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

(b) that, after considering the medical opinions and any 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 person or patient.