64Major medical procedure

64 Major medical procedure (1) A person must not perform a major medical procedure on a person who is an involuntary patient or subject to a community management order.

Mental Health and Related Services Act 1998 64 (1A) Subsection (1) does not apply if the procedure is performed in accordance with this section. (2) Subject to subsection (3), a major medical procedure must not be performed on a person unless: (a) it is approved by the Tribunal; or (b) informed consent for the major medical procedure is obtained in accordance with the Health Care Decision Making Act 2023. (3) An authorised psychiatric practitioner may authorise the performance of a major medical procedure on a person where it is immediately necessary: (a) to save the life of the person; or (b) to prevent irreparable harm to the person. (4) No later than 1 day after authorising the performance of a major medical procedure under subsection (3), the authorised psychiatric practitioner must notify the person who should have given informed consent in accordance with the Health Care Decision Making Act 2023. (5) The Chief Health Officer is, from time to time, to specify those medical procedures that are major medical procedures for the purposes of this section. (6) 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.