Victorian Numbered Acts

MENTAL HEALTH AND WELLBEING ACT 2022 (NO. 39 OF 2022) - SECT 114

    (1)     A psychiatrist may apply to the Mental Health Tribunal for an order authorising a course of electroconvulsive treatment on a young person who is not a patient if—

        (a)     the young person has personally given informed consent in writing to receiving the course of electroconvulsive treatment; or

        (b)     the young person does not have capacity to give informed consent to the course of electroconvulsive treatment but—

              (i)     the young person's medical treatment decision maker has given informed consent in writing to the young person receiving the course of electroconvulsive treatment; and

              (ii)     the psychiatrist is satisfied that in the circumstances there is no less restrictive way for the young person to be treated.

    (2)     In deciding whether there is a less restrictive way for the young person to be treated, the psychiatrist must have regard to the following—

        (a)     the young person's views and preferences regarding electroconvulsive treatment and the reasons for those views and preferences including any beneficial alternative treatment that is reasonably available any recovery outcomes the young person would like to achieve;

        (b)     the views of the young person's support person (if any);

        (c)     any relevant values directive given by the young person;

        (d)     the views of the young person's medical treatment decision maker;

        (e)     if the psychiatrist is satisfied that decision will directly affect the carer and the care relationship, the views of the young person's carer;

        (f)     if the young person is under the age of 16 years, the views of the young person's parent;

        (g)     the DFFH Secretary, if that Secretary has parental responsibility for the young person under a relevant child protection order;

        (h)     whether the electroconvulsive treatment is likely to remedy or lessen the symptoms of mental illness;

              (i)     the likely consequences for the young person if the electroconvulsive treatment is not administered;

        (j)     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 course of electroconvulsive treatment.