New South Wales Repealed Acts

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This legislation has been repealed.

MENTAL HEALTH ACT 1990 - SECT 201

Cases of emergency

201 Cases of emergency

(1) A prescribed person may consent to the performance of a surgical operation on a temporary patient, continued treatment patient, forensic patient (suffering from mental illness) or any other person under detention in a hospital:
(a) if the patient or other person is, in the opinion of the prescribed person, incapable of giving consent to the performance of a surgical operation on him or her or is capable of giving that consent but refuses to give that consent or neither gives nor refuses to give that consent, and
(b) if the prescribed person is of the opinion that it is necessary, as a matter of urgency, to perform a surgical operation on the patient or other person in order to save the life of the patient or other person or to prevent serious damage to the health of the patient or other person.
(2) A prescribed person may consent to the performance of a surgical operation on an informal patient or a forensic patient (not suffering from mental illness):
(a) if the patient is, in the opinion of the prescribed person, incapable of giving consent to the performance of a surgical operation on him or her, and
(b) the prescribed person is of the opinion that it is necessary, as a matter of urgency, to perform a surgical operation on the patient in order to save the life of the patient or to prevent serious damage to the health of the patient.
(3) Except where the circumstances of the case render it impracticable, a consent given by a prescribed person must be in writing and signed by the prescribed person.
(4) In this section, "prescribed person" means medical superintendent, deputy medical superintendent, responsible medical officer or authorised officer.



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