Victorian Consolidated Legislation

Mental Health Act 1986 - SECT 65

Matters as to which Psychosurgery Review Board is to be satisfied

65. Matters as to which Psychosurgery Review Board is to be satisfied

The matters as to which the Psychosurgery Review Board is to be satisfied on a
hearing of an application are as follows-

   (a)  the person in respect of whom the application is made has the capacity
        to give informed consent in accordance with Division 1AA to the
        performance on him or her of the proposed psychosurgery;





   (b)  the person in respect of whom the application is made has in fact
        given informed consent in accordance with Division 1AA to the
        performance on him or her of the proposed psychosurgery;

   (c)  the proposed psychosurgery has clinical merit and is appropriate;

   (d)  any person proposing to perform the psychosurgery is properly
        qualified;

   (e)  the service, hospital or clinic in which it is proposed to perform the
        psychosurgery is an appropriate place;



   (f)  all other reasonable treatments have already been adequately and
        skilfully administered without sufficient and lasting benefit;

   (g)  notice of the hearing has been given in accordance with section 59(2).