Victorian Numbered Acts Victorian Numbered ActsAfter section 94 of the Mental Health Act 2014 insert —
(1) A psychiatrist may apply to the Tribunal to perform a course of electroconvulsive treatment on an other applicable person who does not have capacity to give informed consent to that electroconvulsive treatment if the psychiatrist is satisfied in the circumstances that there is no less restrictive way for the person to be treated and—
(a) the person has an instructional directive giving informed consent to electroconvulsive treatment; or
(b) if the person does not have a relevant instructional directive, the person's medical treatment decision maker gives informed consent in writing to the electroconvulsive treatment.
(2) In determining under subsection (1) whether there is no less restrictive way for an other applicable person to be treated, the psychiatrist must, to the extent that is reasonable in the circumstances, have regard to all of the following—
(a) the views and preferences of the person in relation to electroconvulsive treatment and any beneficial alternative treatments that are reasonably available and the reasons for those views and preferences, including any recovery outcomes the person would like to achieve;
(b) any values directive of the person;
(c) the views of the person's medical treatment decision maker or support person (if any);
(d) the views of a carer of the person, if the psychiatrist is satisfied that the decision to perform a course of electroconvulsive treatment will directly affect the carer and the care relationship;
(e) the likely consequences for the person if the electroconvulsive treatment is not performed;
(f) any psychiatric opinion given by another psychiatrist that has been given to the psychiatrist making the application.
(3) A psychiatrist may make a further application under subsection (1) during or after the performance of a course of electroconvulsive treatment on an other applicable person.".