Mental Health Act 2007 No 8
Historical version for 14 May 2013 to 30 August 2015 (accessed 13 July 2020 at 03:43) Current version
Chapter 4 Part 3 Section 103
103   Tribunal may consent to special medical treatment
(1)  An authorised medical officer of a mental health facility may apply to the Tribunal for consent to the carrying out of special medical treatment on an involuntary patient detained in the facility.
(2)  On an application, the Tribunal may consent to the carrying out of special medical treatment on a patient (other than prescribed special medical treatment) if the Tribunal is satisfied that it is necessary to prevent serious damage to the health of the patient.
(3)  The Tribunal may consent to the carrying out of prescribed special medical treatment if the Tribunal is satisfied that:
(a)  the treatment is the only or most appropriate way of treating the patient, and is manifestly in the best interests of the patient, and
(b)  in so far as the National Health and Medical Research Council has prescribed guidelines that are relevant to the carrying out of the treatment—those guidelines have been or will be complied with as regards the patient.
(4)  The Tribunal must not consent to the carrying out of special medical treatment on a patient who is under the age of 16 years.
(5)  An application for consent must be made not earlier than 14 days after notice of the proposed application is given under section 78, but may be made sooner if the authorised medical officer is of the opinion that the urgency of the circumstances requires an earlier determination of the matter or the person notified agrees.
(6)  In this section:
prescribed special medical treatment means special medical treatment referred to in paragraph (b) of the definition of special medical treatment in section 98.