100Secretary may consent to surgery

100 Secretary may consent to surgery

100 Secretary may consent to surgery

(1) An authorised medical officer may apply to the Secretary for consent to the performance of a surgical operation on an involuntary patient.

(2) An application is to be made to the Secretary if a designated carer of the patient agrees, in writing, to the performance of the surgical operation.

(3) On an application, the Secretary may consent to the performance of a surgical operation on an involuntary patient if of the opinion that—

(a) the patient is incapable of giving consent to the operation, and

(b) it is desirable, having regard to the interests of the patient, to perform the surgical operation on the patient.

(4) (Repealed)

(5) An application must be made not earlier than 14 days after notice of the proposed application is given under section 78, but may be made sooner if—

(a) the authorised medical officer is of the opinion that the urgency of the circumstances requires an earlier determination of the matter, or

(b) the person notified indicates that the person does not object.

(6) The consent is to be in writing and signed by the person giving the consent.

s 100: Am 2008 No 79, Sch 2 [27]; 2014 No 85, Sch 1 [67] [68].