New South Wales Repealed Acts

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This legislation has been repealed.

MENTAL HEALTH ACT 1990 - SECT 204

Special medical treatment

204 Special medical treatment

(1) A person must not carry out special medical treatment on a patient otherwise than in accordance with this Part.
Maximum penalty on indictment: imprisonment for 7 years.
(2) A medical practitioner may carry out special medical treatment on a patient:
(a) if the medical practitioner is of the opinion that it is necessary, as a matter of urgency, to carry out the treatment on the patient in order to save the patient's life or to prevent serious damage to the patient's health, or
(b) if the Tribunal consents to the carrying out of the treatment in accordance with this section.
(2A) The Tribunal must not consent to the carrying out of special medical treatment on a patient unless:
(a) the treatment is necessary in order to save the patient's life or to prevent serious damage to the patient's health, or
(b) the Tribunal is authorised to give that consent under subsection (2B).
(2B) In the case of special medical treatment declared by the regulations to be special medical treatment, the Tribunal may consent to the carrying out of the treatment if it is satisfied that:
(a) the treatment is the only or most appropriate way of treating the patient and is manifestly in the best interests of the patient, and
(b) in so far as the National Health and Medical Research Council has prescribed guidelines that are relevant to the carrying out of the treatment--those guidelines have been or will be complied with as regards the patient.
(3) Consent to the carrying out of special medical treatment on a patient must not be granted if the patient is under the age of 16 years.



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