Mental Health Act 20266

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Electro-convulsive therapy

51. (1) Subject to subsection (2), electro-convulsive therapy shall not be administered to a person unless he or she gives consent in writing to the administration of the therapy.

(2) Where the person has been found under section 45 to lack the necessary capacity to give consent to a proposed treatment of electro-convulsive therapy, then the provisions of section 46 shall apply.

(3) The Commission shall, with the consent of the Minister, following consultation with the Minister and the Minister for Justice, Home Affairs and Migration, make regulations providing for the use of electro-convulsive therapy in a registered acute mental health centre or a designated centre.

(4) In particular, but without prejudice to the generality of subsection (3), regulations under subsection (3) may provide for any or all of the following matters:

(a) the administration of electro-convulsive therapy, including using the therapy with dignity and respect for the person;

(b) assessment of persons prior to the administration of electro-convulsive therapy;

(c) the interaction of the administration of electro-convulsive therapy and the guiding principles;

(d) the records to be maintained in relation to the administering of electro-convulsive therapy to a person;

(e) facilities and staff to be provided in a registered acute mental health centre or designated centre for the use of electro-convulsive therapy;

(f) the training and experience of relevant health professionals or specified persons who are administering electro-convulsive therapy;

(g) clinical governance of the use of electro-convulsive therapy, including written policies by a registered acute mental health centre or designated centre on the use of electro-convulsive therapy;

(h) communication with a nominated person regarding the use of electro-convulsive therapy;

(i) any other matters which are necessary or expedient for the purposes of giving effect to subsection (3).