233
CurrentRequirements for informed consent
Chapter 5Mental Health Court references
Part 3Proceedings for references
233 Requirements for informed consent
(1)
A person gives informed consent to the person’s treatment by regulated treatment only if—
(a)
the person has capacity to give consent to the treatment; and
(b)
the consent is in writing signed by the person.
(2)
For subsection (1)(a), the person has capacity to give consent to the treatment if the person has the ability to—
(a)
understand the nature and effect of a decision relating to the treatment; and
(b)
freely and voluntarily make the decision; and
(c)
communicate the decision.
(3)
A person can give informed consent in an advance health directive.
This Act’s bill:Explanatory memorandumSecond reading speech
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