121Powers of Mental Health Tribunal in respect of application for neurosurgery for mental illness

121 Powers of Mental Health Tribunal in respect of application for neurosurgery for mental illness

(1) After hearing an application made under this Part, the Mental Health Tribunal may by order—

(a) grant the application and approve the neurosurgery; or

(b) refuse the application and not approve the neurosurgery.

(2) The Mental Health Tribunal must not approve neurosurgery under subsection (1) unless it is satisfied that—

(a) the person in respect of whom the application is made has given informed consent in writing to the neurosurgery; and

(b) the neurosurgery for mental illness will benefit the person.

(3) In determining whether the neurosurgery for mental illness will benefit the person, the Mental Health Tribunal must have regard to the following—

(a) whether the neurosurgery for mental illness is likely to remedy the mental illness or alleviate the symptoms and reduce the ill effects of the mental illness;

(b) the likely consequences for the person if neurosurgery for mental illness is not performed;

(c) any beneficial alternative treatments that are reasonably available and the person's views and preferences about those treatments;

(d) the nature and degree of any discomfort, risks and common or expected side effects associated with the proposed neurosurgery for mental illness, including the person's views and preferences about any such discomfort, risks or common or expected side effects.