New South Wales Repealed Acts

This legislation has been repealed.

MENTAL HEALTH ACT 1990 - SECT 174

174 Board may state case for Court's opinion

(1) The Board may state a case for the Court if, after hearing an application for consent to perform psychosurgery on a patient and making such inquiries and conducting such examinations as it thinks fit:

(a) it is not satisfied that the patient the subject of the application is capable of giving informed consent to the psychosurgery, and

(b) it is satisfied as to the matters specified in section 169 (c)-(g), and

(c) it is satisfied that the patient has not indicated any opposition to the psychosurgery.

(2) The stated case may ask the Court to determine:

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

(b) whether the patient has given that consent, and

(c) if the Court determines that the patient is not capable of giving that consent, whether the Court should give that consent on behalf of the patient.