New South Wales Repealed Acts

This legislation has been repealed.

MENTAL HEALTH ACT 1990 - SECT 169

169 Circumstances in which Board may consent to psychosurgery

The Board may consent to an application to perform psychosurgery on a patient if, after hearing the application and after making such inquiries and conducting such examinations with respect to the application as it thinks fit, it is satisfied that:

(a) the patient the subject of the application is capable of giving informed consent to the psychosurgery, and

(b) the patient has given that consent, and

(c) the psychosurgery has clinical merit and is appropriate for the patient, and

(d) the person or persons proposing to undertake the performance of the psychosurgery is or are properly qualified to do so, and

(e) the hospital or institution in which it is proposed to perform the psychosurgery is a proper place in which to perform it, and

(f) all other reasonable treatments for the patient have been adequately and skilfully administered without sufficient resulting benefits to the patient, and

(g) there do not appear to be any other considerations that should be taken into account.