New South Wales Repealed Acts

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This legislation has been repealed.

MENTAL HEALTH ACT 1990 - SECT 156

Persons presumed incapable of giving informed consent

156 Persons presumed incapable of giving informed consent

(1) The following classes of persons are conclusively presumed to be incapable of giving informed consent to the performance on them of psychosurgery:
(a) persons under the age of 18 years,
(b) persons convicted of any crime and under sentence in respect of the conviction, whether in custody or not and whether the sentence has been suspended or not,
(c) persons awaiting trial on a criminal charge, whether in custody or not,
(d) persons released on licence after serving some portion of a sentence in respect of a conviction for crime,
(e) persons convicted of any crime, who are on probation or parole,
(f) persons convicted of any crime, who have escaped from lawful custody,
(g) persons released on recognizance in respect of a criminal charge, whether or not they have been found guilty in respect of that charge, during the period of that recognizance,
(h) persons under arrest in respect of a criminal charge,
(i) temporary patients, continued treatment patients or forensic patients.
(2) This section does not bind the Court in making a finding under section 175.



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