Mental Health Act 2013

An involuntary patient may only be given treatment (urgent circumstances treatment) without informed consent or Tribunal authorisation if an approved medical practitioner authorises the treatment as being urgently needed in respect of the patient.

An approved medical practitioner may only authorise urgent circumstances treatment in respect of a patient if the approved medical practitioner is satisfied, as a result of an assessment of the patient, that – the treatment is necessary for – the patient's health or safety; or the safety of other persons; and waiting for the treatment to be authorised by the Tribunal (or by a member thereof on an interim basis) would compromise – the outcomes of the treatment, as specified in section 6(1), for the patient; or the effectiveness of the treatment, for the patient, in meeting the outcomes of treatment as specified in section 6(1).

If the authorisation is given, the approved medical practitioner has the following obligations:to ensure that the patient is advised of the authorisation as soon as possible after it is given; to give a copy of the authorisation to the Chief Psychiatrist and the Tribunal; to give a copy of the authorisation to the patient (together with a statement of rights in an approved form); to place a copy of the authorisation on the patient's clinical record.

If the authorisation is given, the patient may be given the urgent circumstances treatment until whichever of the following first occurs:the treatment is completed; an approved medical practitioner, for any reason he or she considers sufficient, stops the treatment; the 96-hour period immediately following the giving of the authorisation expires; the assessment order, treatment order or interim treatment order ceases or is discharged; the authorisation is set aside by the Tribunal. This section does not limit or otherwise affect the operation of section 40 of the Guardianship and Administration Act 1995. The authorisation of urgent circumstances treatment is reviewable by the Tribunal – see Division 2 of Part 3 of Chapter 3.