New South Wales Repealed Acts

This legislation has been repealed.

MENTAL HEALTH ACT 1990 - SECT 183

183 Requirements for obtaining informed consent

(1) Before the consent of a person is obtained to the administration to the person of a treatment to which this Division applies:

(a) a fair explanation must be made to the person of the techniques or procedures to be followed, including an identification and explanation of any technique or procedure about which there is not sufficient data to recommend it as a recognised treatment or to reliably predict the outcome of its performance, and

(b) a full description must be given, without exaggeration or concealment, to the person of the possible attendant discomforts and risks (including possible loss of memory), if any, and

(c) a full description must be given to the person of the benefits, if any, to be expected, and

(d) a full disclosure must be made, without exaggeration or concealment, to the person of appropriate alternative treatments, if any, that would be advantageous for the person, and

(e) an offer must be made to the person to answer any inquiries concerning the procedures or any part of them, and

(f) notice must be given to the person that the person is free to refuse or to withdraw consent and to discontinue the procedures or any of them at any time, and

(g) a full disclosure must be made to the person of any financial relationship between the person proposing the administration of the treatment or the medical practitioner who proposes to administer the treatment, or both, and the hospital or institution in which it is proposed to administer the treatment, and

(h) notice must be given to the person that the person has the right to obtain legal and medical advice and to be represented before giving consent, and

(i) any question relating to the techniques or procedures to be followed that is asked by the person must have been answered and the answers must appear to have been understood by the person.

(2) The regulations are to prescribe forms to be used for the purpose of setting out in writing the matters required by subsection (1) to be explained, described, disclosed, offered or notified and an oral explanation of the matters dealt with in the forms must be given to the person concerned in a language with which the person is familiar.

(3) A person is, for the purposes of this Division, to be taken to have given informed consent to the performance on the person of a treatment to which this Division applies if the person has given a free, voluntary and written consent after this section has been complied with.