New South Wales Repealed Acts

This legislation has been repealed.

MENTAL HEALTH ACT 1990 - SECT 185

185 Circumstances in which treatment may be administered with consent--persons other than involuntary patients

(1) A medical practitioner may administer a treatment to which this Division applies to a person, other than a temporary patient, continued treatment patient, forensic patient or any other person under detention in a hospital:

(a) if the person is capable of giving informed consent to the administration to the person of the treatment and has given that consent, in writing, in the prescribed form, and

(b) if 2 medical practitioners, at least one of whom is a psychiatrist, certify, in writing, that, after considering the person's clinical condition, history of treatment and any appropriate alternative treatments, they are of the opinion that the treatment is a reasonable and proper treatment to be administered to the person and is necessary or desirable for the safety or welfare of the person.

(2) A medical superintendent who is unsure whether a person is capable of giving informed consent may apply to the Tribunal to have the Tribunal determine whether the person is capable of giving informed consent and has given that consent.