New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
If the Court, after hearing a case stated for its determination in respect of an application to the Board for its consent to the performance of psychosurgery on a patient, finds that the patient:
(a) is capable of giving informed consent but has not given that consent, it must make an order refusing the application, or
(b) is capable of giving informed consent and has given that consent, it must make an order remitting the application to the Board for the purpose of enabling the Board to consent to the application, or
(c) is not capable of giving informed consent and that, in the interests of the patient, that consent should not be given, it must decline to give that consent on behalf of the patient and must make an order refusing the application.