New South Wales Repealed Acts

This legislation has been repealed.

MENTAL HEALTH ACT 1990 - SECT 188

188 Application to Tribunal to administer treatment to involuntary patients

(1) If at least 2 medical practitioners, at least one of whom is a psychiatrist, certify, in writing, that, after considering the clinical condition and history of treatment of, and any appropriate alternative treatments for, a patient (not being an informal patient) or any other person under detention in a hospital, they are of the opinion that treatment to which this Division applies is:

(a) a reasonable and proper treatment to be administered to the patient or person, and

(b) necessary or desirable for the safety or welfare of the patient or person,

the medical superintendent may apply to the Tribunal to determine the matters set out in subsection (2).

(2) The matters to be determined are:

(a) whether or not the patient or person is capable of giving informed consent to the administration to the patient or person of the treatment and has given that consent, and

(b) in the case of proposed electro convulsive therapy, if the patient is incapable of giving informed consent or capable of giving informed consent but has refused, or has neither consented nor refused, to the administration of the treatment, whether its administration is reasonable and proper and is necessary or desirable for the safety or welfare of the person.