MENTAL HEALTH ACT 2013 (NO. 2 OF 2013) - SECT 16 Circumstances in which treatment may be given
MENTAL HEALTH ACT 2013 (NO. 2 OF 2013) - SECT 16
Circumstances in which treatment may be given
(1) The following policy governs the treatment of voluntary patients under this Act:(a) a voluntary patient may be given treatment with informed consent, either as a hospital inpatient or in the community;(b) a voluntary patient can never be given treatment without informed consent;(c) a voluntary patient may be given special psychiatric treatment if (i) the treatment is authorised by the Tribunal under Part 6 ; and(ii) where the treatment is psychosurgery or a treatment that requires informed consent under that Part, informed consent has been given for the treatment;(d) a voluntary patient can never be given special psychiatric treatment except as provided by paragraph (c) .(2) The following policy governs the treatment of involuntary patients under this Act who are not forensic patients or involuntary patients to whom section 66 applies:(a) an involuntary patient may be given treatment (i) with informed consent; or(ii) if the treatment is authorised by a treatment order; or(iii) if the treatment is urgent circumstances treatment, the treatment is authorised under section 55 ;(b) an involuntary patient can never be given treatment except as provided by paragraph (a) ;(c) an involuntary patient may be given special psychiatric treatment if (i) the special psychiatric treatment is authorised by the Tribunal under Part 6 ; and(ii) where the treatment is psychosurgery or a treatment that requires informed consent under that Part, informed consent has been given for the treatment;(d) an involuntary patient can never be given special psychiatric treatment except as provided by paragraph (c) .(3) The following policy governs the treatment under this Act of forensic patients or involuntary patients to whom section 66 applies:(a) a forensic patient, or an involuntary patient to whom section 66 applies, may be given treatment (i) with informed consent; or(ii) if the treatment is authorised by the Tribunal (or a member of the Tribunal) under Division 2 of Part 5 ; or(iii) if the patient is also an involuntary patient, if the treatment is authorised by a treatment order; or(iv) if the treatment is urgent circumstances treatment, if the treatment is authorised under section 87 ;(b) a forensic patient, or an involuntary patient to whom section 66 applies, can never be given treatment except as provided by paragraph (a) ;(c) a forensic patient, or an involuntary patient to whom section 66 applies, may be given special psychiatric treatment if (i) the special psychiatric treatment is authorised by the Tribunal under Part 6 ; and(ii) if the treatment is psychosurgery or a treatment that requires informed consent under that Part, informed consent has been given for the treatment;(d) a forensic patient, or an involuntary patient to whom section 66 applies, can never be given special psychiatric treatment except as provided by paragraph (c) .