Mental Health Act 2016
sec.233Requirements for informed consent
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sec.233 Requirements for informed consent
A person gives informed consent to the person’s treatment by regulated treatment only if— the person has capacity to give consent to the treatment; and the consent is in writing signed by the person. For subsection (1) (a) , the person has capacity to give consent to the treatment if the person has the ability to— understand the nature and effect of a decision relating to the treatment; and freely and voluntarily make the decision; and communicate the decision. A person can give informed consent in an advance health directive. s 233 amd 2022 No. 1 s 62 (sec.233-ssec.1) A person gives informed consent to the person’s treatment by regulated treatment only if— the person has capacity to give consent to the treatment; and the consent is in writing signed by the person. (sec.233-ssec.2) For subsection (1) (a) , the person has capacity to give consent to the treatment if the person has the ability to— understand the nature and effect of a decision relating to the treatment; and freely and voluntarily make the decision; and communicate the decision. (sec.233-ssec.3) A person can give informed consent in an advance health directive.
- (a) the person has capacity to give consent to the treatment; and
- (b) the consent is in writing signed by the person.
- (a) understand the nature and effect of a decision relating to the treatment; and
- (b) freely and voluntarily make the decision; and
- (c) communicate the decision.