Mental Health Act 2016
sec.238Offence to perform non-ablative neurosurgical procedure
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sec.238 Offence to perform non-ablative neurosurgical procedure
A person must not perform a non-ablative neurosurgical procedure on another person for the purpose of treating the other person’s mental illness other than under this Act. Maximum penalty—200 penalty units or 2 years imprisonment. To remove any doubt, it is declared that, for subsection (1) , none of the following is a mental illness— chronic tic disorder, dystonia, epilepsy, Gilles de la Tourette syndrome, Parkinson’s disease or tremor; another neurological disorder prescribed by regulation. (sec.238-ssec.1) A person must not perform a non-ablative neurosurgical procedure on another person for the purpose of treating the other person’s mental illness other than under this Act. Maximum penalty—200 penalty units or 2 years imprisonment. (sec.238-ssec.2) To remove any doubt, it is declared that, for subsection (1) , none of the following is a mental illness— chronic tic disorder, dystonia, epilepsy, Gilles de la Tourette syndrome, Parkinson’s disease or tremor; another neurological disorder prescribed by regulation.
- (a) chronic tic disorder, dystonia, epilepsy, Gilles de la Tourette syndrome, Parkinson’s disease or tremor;
- (b) another neurological disorder prescribed by regulation.