7Informed consent

7 Informed consent (1) A person cannot give informed consent under this Act unless this section is complied with, and any attempt to waive or circumvent the requirements of this section is of no effect.

Mental Health and Related Services Act 1998 9 (2) A person gives informed consent under this Act: (a) when the person's consent is freely and voluntarily given without any inducement being offered; and (b) the person is capable of understanding the effects of giving consent; and (c) the person communicates his or her consent on the approved form. (3) A person can give informed consent only when he or she has been given: (a) a clear explanation of the assessment and possible diagnosis, the nature of the proposed treatment, including sufficient information about the type of treatment, its purpose and likely duration to permit the person to make a balanced judgment regarding undertaking it; and (b) an adequate description, without concealment, exaggeration or distortion, of the benefits, discomforts and risks associated with the treatment; and (c) an adequate description of any appropriate alternative form of treatment that is reasonably available; and (d) a clear answer to all relevant questions asked by the person (and the answer has been understood by the person); and (e) advice that the treatment may be refused or consent may be withdrawn at any time while the treatment is being undertaken; and (f) advice that independent legal or medical advice may be obtained in relation to the treatment before giving consent (and reasonable assistance is provided to obtain that advice, if requested); and (g) advice of all rights of review and appeal under this Act; and (h) advice of any relevant financial advantage that may be gained by a medical practitioner proposing the treatment and by the approved treatment facility or approved treatment agency where the treatment is to be undertaken; and (j) advice of any relevant research relationship between a medical practitioner proposing the treatment and the approved treatment facility or approved treatment agency where the treatment is to be undertaken; and

Mental Health and Related Services Act 1998 10 (k) explanations, descriptions and advice in a manner or form that the person is used to communicating in (and due regard is to be given to age, culture, disability, impairment and any other factors that may influence the person understanding the explanation). (4) A person must be given adequate time to consider the information provided under subsection (3) before being asked to give his or her informed consent. (5) A person who is unable to communicate adequately in English but who is able to communicate adequately in another language is to be assisted, as far as is practicable, by a competent interpreter. (6) A person whose informed consent is being sought may request that another person be present while the informed consent is obtained. (7) The person-in-charge of the approved treatment facility or approved treatment agency at which treatment is proposed to be performed on a person must ensure that this section is complied with.