93Matters authorised psychiatrist must consider in consenting to medical treatment for a patient

93 Matters authorised psychiatrist must consider in consenting to medical treatment for a patient

(1) An authorised psychiatrist may consent to medical treatment being given to a patient who does not have capacity to give informed consent if the authorised psychiatrist is satisfied that the medical treatment would benefit the patient.

(2) In deciding whether the medical treatment would benefit the patient, the authorised psychiatrist, to the extent that is reasonable in the circumstances, must have regard to the following—

(a) the patient's views and preferences regarding the medical treatment and the reasons for those views and preferences including any recovery outcomes the patient would like to achieve;

(b) any beneficial alternative medical treatment that is reasonably available;

(c) any relevant values directive given by the patient;

S. 93(2)(d) amended by No. 44/2025 s. 56.

(d) the views and preferences of the patient expressed by the patient's nominated support person;

(e) the views of the patient's guardian;

(f) if the authorised psychiatrist is satisfied that decision will directly affect the carer and the care relationship, the views of the patient's carer;

(g) if the patient is under the age of 16 years, the views of the patient's parent;

(h) if the DFFH Secretary has parental responsibility for the patient under a relevant child protection order, the views of that Secretary;

(i) if the medical treatment is likely to remedy the condition or lessen the symptoms of the condition;

(j) the likely consequences for the patient if the medical treatment is not administered;

(k) any second opinion of a registered medical practitioner that has been given to the authorised psychiatrist.

(3) If the authorised psychiatrist is of the opinion that the patient does not currently have capacity to give informed consent to medical treatment but is likely to have that capacity within a reasonable period of time, the authorised psychiatrist must not give consent to the medical treatment.

(4) Despite subsection (3), the authorised psychiatrist may give consent to the medical treatment if the delay in giving the medical treatment to the patient could result in serious harm to, or deterioration in, the mental or physical health of the patient.

Part 3.5—Electroconvulsive treatment

Division 1—General

94 Electroconvulsive treatment must not be performed other than in accordance with this Part

Electroconvulsive treatment must not be performed on a person other than in accordance with this Part.