Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 509

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 person is an adult—

(i) whether the adult is able to give informed consent to the therapy; and

(ii) to the greatest extent practicable, any views, wishes and preferences the adult has expressed about the therapy, whether in an advance health directive or otherwise; or

(b) if the person is a minor—

(i) the views of the minor’s parents; and

(ii) the views, wishes and preferences of the minor.

(3) Subject to subsections (4) to (6) , the tribunal may give the approval only if the tribunal is satisfied the person is—

(a) an adult who is not able to give informed consent to the therapy, whether or not the adult is subject to a treatment authority, forensic order or treatment support order; or

(b) an adult who is—

(i) able to give informed consent to the therapy; and

(ii) subject to a treatment authority, forensic order or treatment support order; or

(c) a minor.

(4) If subsection (3) (a) applies, the tribunal must also be satisfied—

(a) the therapy has clinical merit and is appropriate in the circumstances; and

(b) evidence supports the effectiveness of the therapy for the adult’s particular mental illness; and

(c) if the therapy has previously been performed on the adult—of the effectiveness of the therapy for the adult.

(5) If subsection (3) (b) applies, the tribunal must also be satisfied—

(a) the applicant has given the adult the explanation required under section 234 ; and

(b) the adult has given informed consent to the therapy under chapter 7 , part 10 .

(6) If subsection (3) (c) applies, the tribunal must also be satisfied—

(a) the therapy has clinical merit and is appropriate in the circumstances; and

(b) evidence supports the effectiveness of the therapy for—

(i) the minor’s particular mental illness; and

(ii) persons of the minor’s age; and

(c) if the therapy has previously been performed on the minor—of the effectiveness of the therapy for the minor; and

(d) the performance of the therapy on the minor is in the minor’s best interests.

(7) 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.