63Non-psychiatric treatment

63 Non-psychiatric treatment non-psychiatric treatment means any of the following treatment if its primary purpose is not directed at treating a mental illness, mental disturbance or complex cognitive impairment or its effects: (a) a surgical operation or procedure or a series of related surgical operations or procedures; (b) the administration of an anaesthetic for the purposes of medical investigation; (c) the administration of a course of treatment or medication requiring a prescription or medical supervision. (2) A person must not perform non-psychiatric treatment on another person who is: (a) an involuntary patient or subject to a community management order; and (b) being assessed or receiving treatment under this Act. (2A) Subsection (2) does not apply if the treatment is performed in accordance with this section.

Mental Health and Related Services Act 1998 63 (3) Non-psychiatric treatment must not be performed unless: (a) the informed consent of the person is obtained; or (b) the treatment is approved by the Tribunal or an authorised psychiatric practitioner as determined under subsection (7); or (c) informed consent for the treatment is obtained in accordance with the Health Care Decision Making Act 2023. (4) Non-psychiatric treatment may be performed without being approved under subsection (3)(b) or the consent being obtained under subsection (3)(c) where it is immediately necessary for any of the following: (a) to save the life of the person or to prevent irreparable harm to the person; (b) to remove a threat of permanent disability to the person; (c) to remove a life threatening risk to, or to relieve acute pain of, the person. (5) A person who performs non-psychiatric treatment without it being approved under subsection (3)(b) must report the fact to the Tribunal as soon as possible after the treatment is performed. (6) A person who performs non-psychiatric treatment on a person without informed consent under subsection (3)(c) must report the fact as soon as possible after the treatment is performed to the person who should have given informed consent in accordance with the Health Care Decision Making Act 2023. (7) The Tribunal may determine which non-psychiatric treatment requires the approval of the Tribunal and that which may be approved by an authorised psychiatric practitioner. (8) The purpose of this section is to protect the interests of a person by ensuring the person is not unnecessarily subjected to certain medical procedures.