27Making advance consent direction

27 Making advance consent direction (1) A person with a mental disorder or mental illness may make a direction (an advance consent direction) about 1 or more of the (a) the treatment, care or support that the person consents to receiving if the mental disorder or mental illness results in the person not having decision-making capacity; (b) particular medications or procedures that the person consents to receiving if the mental disorder or mental illness results in the person not having decision-making capacity; (c) particular medications or procedures that the person does not consent to receiving if the mental disorder or mental illness results in the person not having decision-making capacity; (d) the people who may be provided with information about the treatment, care or support the person requires for a mental disorder or mental illness;

(e) the people who are not to be provided with information about the treatment, care or support the person requires for a mental disorder or mental illness. Note The disclosure of personal health information is subject to the Health Records (Privacy and Access) Act 1997. (2) A person with a mental disorder or mental illness may make an advance consent direction only if the person— (a) has decision-making capacity; and (b) has consulted with the person’s treating team about options for treatment care and support in relation to the mental disorder or mental illness. (3) An advance consent direction that does not include advance consent for electroconvulsive therapy or psychiatric surgery must be— (b) signed by the person in the presence of a witness who is not a treating health professional for the person, and by the witness in the presence of the person; and (c) signed by the representative of the person’s treating team in the presence of a witness who is not a treating health professional for the person, and by the witness in the presence of the representative. (4) An advance consent direction that includes advance consent for electroconvulsive therapy must— (b) state the maximum number of times (not more than 9) that electroconvulsive therapy may be administered to the person under the consent; and

(c) be signed by the person in the presence of 2 witnesses who are not treating health professionals for the person, and by each witness in the presence of the other witness and the person; and (d) be signed by the representative of the person’s treating team in the presence of 2 witnesses who are not treating health professionals for the person, and by each witness in the presence of the other witness and the representative. (5) An advance consent direction that includes advance consent for psychiatric surgery must be— (b) signed by the person in the presence of 2 witnesses who are not treating health professionals for the person, and by each witness in the presence of the other witness and the person; and (c) signed by the representative of the person’s treating team in the presence of 2 witnesses who are not treating health professionals for the person, and by each witness in the presence of the other witness and the representative. (6) The representative of the person’s treating team must ensure that— (a) the advance consent direction is entered in the person’s record; and (b) a copy of the advance consent direction is given to— (ii) if the person has a nominated person—the nominated (iii) if the person has a carer and the person consents to the carer being given a copy—the carer; and (iv) if the person has a guardian under the Guardianship and ACAT; and