Division 2 Electro convulsive therapy and certain prescribed treatments
This Division applies to the following treatments:(a) electro convulsive therapy,(b) such operations or medical or therapeutic treatments as may be prescribed for the purposes of this Division.
180 Administration of treatment
(1) A person who is not a medical practitioner must not administer to another person a treatment to which this Division applies.(2) A medical practitioner must not administer to a person a treatment to which this Division applies, otherwise than in accordance with this Division.Maximum penalty: 50 penalty units.
181 Persons who must be present during administration of electro convulsive therapy
A medical practitioner must not administer electro convulsive therapy to a person unless, during the administration of the electro convulsive therapy, not less than 2 medical practitioners are present (of whom the medical practitioner administering the electro convulsive therapy may be one):(a) one of whom is experienced in the administration of electro convulsive therapy, and(b) the other or one other of whom is experienced in the administration of anaesthesia.Maximum penalty: 50 penalty units.
182 Places at which treatment may be administered
A medical practitioner must not administer to a person a treatment to which this Division applies, otherwise than at:(a) a hospital, or(b) a place approved by the Director-General.Maximum penalty: 50 penalty units.
183 Requirements for obtaining informed consent
(1) Before the consent of a person is obtained to the administration to the person of a treatment to which this Division applies:(a) a fair explanation must be made to the person of the techniques or procedures to be followed, including an identification and explanation of any technique or procedure about which there is not sufficient data to recommend it as a recognised treatment or to reliably predict the outcome of its performance, and(b) a full description must be given, without exaggeration or concealment, to the person of the possible attendant discomforts and risks (including possible loss of memory), if any, and(c) a full description must be given to the person of the benefits, if any, to be expected, and(d) a full disclosure must be made, without exaggeration or concealment, to the person of appropriate alternative treatments, if any, that would be advantageous for the person, and(e) an offer must be made to the person to answer any inquiries concerning the procedures or any part of them, and(f) notice must be given to the person that the person is free to refuse or to withdraw consent and to discontinue the procedures or any of them at any time, and(g) a full disclosure must be made to the person of any financial relationship between the person proposing the administration of the treatment or the medical practitioner who proposes to administer the treatment, or both, and the hospital or institution in which it is proposed to administer the treatment, and(h) notice must be given to the person that the person has the right to obtain legal and medical advice and to be represented before giving consent, and(i) any question relating to the techniques or procedures to be followed that is asked by the person must have been answered and the answers must appear to have been understood by the person.(2) The regulations are to prescribe forms to be used for the purpose of setting out in writing the matters required by subsection (1) to be explained, described, disclosed, offered or notified and an oral explanation of the matters dealt with in the forms must be given to the person concerned in a language with which the person is familiar.(3) A person is, for the purposes of this Division, to be taken to have given informed consent to the performance on the person of a treatment to which this Division applies if the person has given a free, voluntary and written consent after this section has been complied with.
184 Persons presumed incapable of giving informed consent
A person is presumed to be incapable of giving informed consent to the administration to the person of a treatment to which this Division applies if, before, or at, the time at which the consent is sought, the person has received medication which, at the time the consent is sought, impairs the person’s ability to give that consent.
185 Circumstances in which treatment may be administered with consent—persons other than involuntary patients
(1) A medical practitioner may administer a treatment to which this Division applies to a person, other than a temporary patient, continued treatment patient, forensic patient or any other person under detention in a hospital:(a) if the person is capable of giving informed consent to the administration to the person of the treatment and has given that consent, in writing, in the prescribed form, and(b) if 2 medical practitioners, at least one of whom is a psychiatrist, certify, in writing, that, after considering the person’s clinical condition, history of treatment and any appropriate alternative treatments, they are of the opinion that the treatment is a reasonable and proper treatment to be administered to the person and is necessary or desirable for the safety or welfare of the person.(2) A medical superintendent who is unsure whether a person is capable of giving informed consent may apply to the Tribunal to have the Tribunal determine whether the person is capable of giving informed consent and has given that consent.
187 Circumstances in which treatment may be administered to involuntary patients etc
A medical practitioner may administer a treatment to which this Division applies to a temporary patient, continued treatment patient, forensic patient or any other person under detention in a hospital if, after an inquiry under this Division, the Tribunal makes a determination under section 194.
188 Application to Tribunal to administer treatment to involuntary patients
(1) If at least 2 medical practitioners, at least one of whom is a psychiatrist, certify, in writing, that, after considering the clinical condition and history of treatment of, and any appropriate alternative treatments for, a patient (not being an informal patient) or any other person under detention in a hospital, they are of the opinion that treatment to which this Division applies is:(a) a reasonable and proper treatment to be administered to the patient or person, and(b) necessary or desirable for the safety or welfare of the patient or person,the medical superintendent may apply to the Tribunal to determine the matters set out in subsection (2).(2) The matters to be determined are:(a) whether or not the patient or person is capable of giving informed consent to the administration to the patient or person of the treatment and has given that consent, and(b) in the case of proposed electro convulsive therapy, if the patient is incapable of giving informed consent or capable of giving informed consent but has refused, or has neither consented nor refused, to the administration of the treatment, whether its administration is reasonable and proper and is necessary or desirable for the safety or welfare of the person.
190 Notice of inquiry to obtain or determine consent
(1) On making an application to the Tribunal under section 185 or 188 in respect of a person or patient, the medical superintendent must, in accordance with the regulations, do all such things as are reasonably practicable to give notice to the following persons of the application:(a) the nearest relative, if there is one, of the person or patient or a relative nominated by the person or patient,(b) the person’s or patient’s guardian, if any,(c) any personal friend or friends of the person or patient, up to 2 in number, who are known as his or her personal friends.(2) The medical superintendent must not, however, give notice to any person of an application under section 185 unless the person the subject of the application consents.
(1) On an application under section 185 or 188, the Tribunal must, as soon as practicable, hold an inquiry to determine the matters set out in the section concerned.(2) The medical superintendent must ensure that, so far as is reasonably practicable, the person or patient the subject of the application is, when appearing before the Tribunal, dressed in street clothes.
192 Matters to be checked by Tribunal
(1) As soon as practicable after the beginning of an inquiry, the Tribunal is required to ascertain from the patient or person the subject of the application being heard whether the patient or person:(a) has been informed of the duty imposed under section 190 on the medical superintendent, and(b) has been informed of the nature and possible results of the inquiry and, if the patient or person has not or appears not to have been so informed, the Tribunal must so inform the patient or person.(2) As soon as practicable after the beginning of an inquiry, the Tribunal is required to ascertain from the medical superintendent whether the notice under section 190 has been given (if required) or all such things as are reasonably practicable have been done to give that notice.
193 Matters which must be considered by Tribunal
(1) In the course of the inquiry, the Tribunal must consider the certificates of the medical practitioners under section 185 or 188 concerning the person or patient the subject of the application and must consider the person’s or patient’s views about the treatment and such other information as may be placed before the Tribunal.(2) In the course of the inquiry, the Tribunal must inquire as to the administration of any medication to the patient or person and is to take account of the effect of the administration of the medication on the patient’s or person’s ability to communicate.
(1) The Tribunal may, after holding an inquiry on an application under section 185 or 188 concerning a person or patient, determine that the person or patient:(a) is capable of giving informed consent to the administration to the person or patient of a treatment to which this Division applies, and(b) has given that consent.(2) After holding an inquiry on an application under section 188 concerning the administration of electro convulsive therapy to a person or patient, the Tribunal may determine:(a) that the person or patient is incapable of giving informed consent to the administration to the person or patient of electro convulsive therapy, or is capable of giving that consent but has refused, or has neither consented nor refused, to have the treatment administered to the person or patient, and(b) that, after considering the medical opinions and any other information placed before it, the Tribunal is satisfied the electro convulsive therapy is a reasonable and proper treatment and is necessary or desirable for the safety or welfare of the person or patient.
195 Refusal of treatment by medical superintendent
A medical superintendent (not being a medical officer nominated by the medical superintendent) may refuse to allow the administration to a person of a treatment to which this Division applies, even though the Tribunal has made a determination, in accordance with section 194, as to the person.
(1) A register, in the prescribed form, for the purpose of recording information relating to the administration of treatments to which this Division applies, is to be kept or caused to be kept:(a) in relation to a hospital—by the medical superintendent, or(b) in relation to a place approved by the Director-General under section 182—by a person specified by the Director-General.(2) The medical superintendent or person specified by the Director-General, as the case requires, must, before the administration of a treatment to which this Division applies, enter, or cause to be entered, in the register such particulars in relation to the administration of that treatment as are required to complete an entry in that register.(3) If the particulars of a treatment to which this Division applies as administered are different from the particulars entered, in relation to the administration of the treatment, in the register, the medical superintendent or person specified by the Director-General, as the case requires, must note the differences and the explanation for the differences in the register.(4) A member of the Tribunal, the Principal official visitor, an official visitor or an authorised officer may, at any time, inspect a register.