AustLII Tasmanian Consolidated Acts

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MENTAL HEALTH ACT 2013 - SECT 122

PART 6 - Special Psychiatric Treatment Meaning of special psychiatric treatment

(1)  For the purposes of this Act, special psychiatric treatment is –
(a) psychosurgery; or
(b) any treatment that the regulations declare to be special psychiatric treatment.
(2)  For the purposes of subsection (1) , psychosurgery is either of the following procedures:
(a) the use of surgery or intracerebral electrodes to create a lesion in a person's brain with the intention of permanently altering the person's thoughts, emotions or behaviour;
(b) the use of intracerebral electrodes to stimulate a person's brain (without creating a lesion) with the intention of temporarily altering or influencing the person's thoughts, emotions or behaviour.
(3)  For the purposes of subsection (2)  –
(a) it is irrelevant whether the procedure will, by itself, fully achieve the relevant intention; and
(b) the behaviour referred to is not behaviour that is secondary to epilepsy.



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