Application for a non-ablative neurosurgical procedure

Application for a non-ablative neurosurgical procedure

A doctor may apply to the Tribunal for approval to perform a non-ablative neurosurgical procedure if the doctor is satisfied that the person has given informed consent. The application form can be found at AMHS Resources

When will the Tribunal hearing take place?

The Tribunal will organise a hearing and provide a written notice of the hearing to the doctor, the person the subject of the application and the Administrator of the relevant mental health service. This notice will advise when and where the hearing will be and must be provided at least seven days prior to the hearing.

What decisions can the Tribunal make?

The Tribunal can decide to:

  • Give approval for the non-ablative neurosurgical procedure to be performed on the person. This approval may or may not have conditions associated with it.
  • Refuse approval for the non-ablative neurosurgical procedure to be performed on the person

Who makes up the Tribunal hearing the application?

Whilst most Tribunal matters will have three members who conduct the hearing, for non-ablative neurosurgical procedures, there must beat least five members. This includes:

  • The President or Deputy President or another member who is a lawyer of at least seven years standing
  • Two members who are psychiatrists
  • A neurosurgeon member
  • A member who is not a lawyer or a doctor (ie a community member)