ACT Magistrates Court & Tribunals

MENTAL HEALTH TRIBUNAL

ELECTRO CONVULSIVE THERAPY

ELECTRO CONVULSIVE THERAPY (ECT)

The Mental Health (Treatment and Care) Act 1994 enables the Tribunal to hear applications for the administration of ECT. This may occur when a person has given informed consent to ECT and the consent has been withdrawn or the person is unable to give informed consent. Alternatively, application for ECT may be made when a person has given informed consent however, he/she has been administered ECT 9 times since giving consent.

WHO IS ELIGIBLE TO APPLY FOR ECT?

Only the Chief Psychiatrist or a doctor may make an application for ECT.

Another psychiatrist who is not the applicant must also support the application for ECT.

WHAT DOES THE TRIBUNAL CONSIDER WHEN MAKING AN ORDER FOR ECT?

In determining whether or not to make an order for ECT the Tribunal will consider the following factors:

Ø Whether the person has given informed consent and that consent has been withdrawn; or

Ø Whether the person, as a result of their mental illness, is incapable of weighing the considerations involved in making a decision whether or not to consent to ECT.

Upon such a determination the Tribunal will then take into consideration:

Ø All other reasonable forms of treatment that may be available have been tried but have failed to succeed; or

Ø Whether it is the most appropriate form of treatment available for that person.

DURATION OF ORDER

If it is determined that it is appropriate to make an order for ECT the Tribunal may authorise its administration for up to, but not exceeding 9 treatments.

It may even be appropriate for the Tribunal to make an Involuntary Psychiatric Treatment Order in addition to an order for ECT. This would occur if the person who is to be given ECT met the criteria for such an order and it may be made for a period of up to, but not exceeding 6 months.