Mental Health Act 2016

A person has capacity to consent to be treated if the person—

is capable of understanding, in general terms—

that the person has an illness, or symptoms of an illness, that affects the person’s mental health and wellbeing; and

the nature and purpose of the treatment for the illness; and

the benefits and risks of the treatment, and alternatives to the treatment; and

the consequences of not receiving the treatment; and

is capable of making a decision about the treatment and communicating the decision in some way.

A person may have capacity to consent to be treated even though the person decides not to receive treatment.

A person may be supported by another person in understanding the matters mentioned in subsection (1)(a) and making a decision about the treatment.

This section does not affect the common law in relation to—

the capacity of a minor to consent to be treated; or

a parent of a minor consenting to treatment of the minor.