Queensland Consolidated Acts

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MENTAL HEALTH ACT 2000 - SECT 139

139 Performance of electroconvulsive therapy with consent or tribunal approval

(1) A doctor may perform electroconvulsive therapy on a person at an authorised mental health service if—

(a) the person has given informed consent to the treatment; or
(b) the tribunal has approved the use of the treatment on the person.

(2) However, a doctor must not, under subsection (1)(b), perform electroconvulsive therapy on a person who is not an involuntary patient if the doctor knows the person objects to the therapy.

(3) In this section—

object, for a person, means—

(a) the person indicates the person does not wish to have electroconvulsive therapy; or
(b) the person previously indicated, in similar circumstances, the person did not then wish to have electroconvulsive therapy and since then the person has not indicated otherwise.
Example—
An indication may be given in an enduring power of attorney or advance health directive or in another way, including, for example, orally or by conduct.


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