Queensland Consolidated Acts

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MENTAL HEALTH ACT 2016 - SECT 509

Decision on application

509 Decision on application

(1) In deciding the application, the tribunal must give, or refuse to give, approval for electroconvulsive therapy to be performed on the person.
(2) In deciding whether to give, or refuse to give, the approval, the tribunal must have regard to—
(a) if the application relates to an adult who is unable to give informed consent to the therapy—any views, wishes and preferences the adult has expressed about the therapy in an advance health directive; or
(b) if the application relates to a minor—
(i) the views of the minor’s parents; and
(ii) the views, wishes and preferences of the minor.
(3) The tribunal may give the approval only if the tribunal is satisfied—
(a) the performance of the therapy on the person is in the person’s best interests; and
(b) evidence supports the effectiveness of the therapy for the person’s particular mental illness; and
(c) if the therapy has previously been performed on the person—of the effectiveness of the therapy for the person; and
(d) if the person is a minor—evidence supports the effectiveness of the therapy for persons of the minor’s age.
(4) If the tribunal gives the approval, the approval—
(a) must state the number of treatments that may be performed in a stated period under the approval; and
(b) may be made subject to the conditions the tribunal considers appropriate.



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