Victorian Consolidated Legislation

Mental Health Act 1986 - SECT 3A

Meaning of consent of a person

3A. Meaning of consent of a person



(1) In considering, for the purposes of a provision listed in subsection (2),
whether a person in respect of whom-

   (a)  a guardian within the meaning of the
        Guardianship and Administration Act 1986; or

   (b)  a person responsible within the meaning given by section 37 of that
        Act may make decisions relating to treatment; or

   (c)  an agent has been appointed under the Medical Treatment Act 1988-

has refused or is unable to give consent (including informed consent) to
treatment, or has given such consent, only that person's personal refusal or
consent is relevant and not the refusal or consent of that person's guardian,
the person responsible, the agent or the Tribunal.

(2) Subsection (1) applies for the purposes of each of these provisions-

   (a)  section 8 (criteria for involuntary treatment);





   (b)  section 12AB (interim treatment under involuntary treatment order);



   (c)  section 12AD (treatment for involuntary patients);



   (d)  section 16B (treatment for security patients);





   (e)  section 17A (status of forensic patients);

   (f)  section 53B (requirements for obtaining informed consent);

   (g)  section 57 (consent required);

   (h)  section 73 (informed consent required);

        (i)    section 83 (definitions concerning non-psychiatric treatment).

(3) This section has effect despite anything in the
Guardianship and Administration Act 1986, the Medical Treatment Act 1988 or
any other law.

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