%201.png)
What is Electroconvulsive Therapy?
ECT is a therapy used to treat a person’s mental illness. For more information about ECT, you can speak with a treating team.
Electroconvulsive Therapy (ECT)
What is the role of the Tribunal with ECT?
The Mental Health Review Tribunal (Tribunal) has an important role when someone needs ECT. Where the person is:
- a minor;
- an adult who can’t give informed consent; or
- an adult subject to a treatment authority, forensic order or treatment support order
The Tribunal’s role is to review applications for approval to perform ECT to decide whether a doctor can use it to treat the person’s mental illness.
Legal Representation
The person who is the subject of the application for ECT has the right to a lawyer which will be arranged by the Tribunal at no cost. The lawyer is independent from the Tribunal.
Review Process
For minors, the Tribunal must listen to what the parents and the minor have to say before making the decision.
For adults, the Tribunal checks if the person can give informed consent. The Tribunal considers what the person feels and thinks about the treatment. This could be included in an advance health directive.
Understanding criteria for approval where the person is...
A minor
If the person is a minor, the Tribunal have to be satisfied that the therapy has clinical merit and is appropriate in the circumstances, that evidence supports the effectiveness of the therapy for the minor's particular illness and persons of the minor's age, that if the therapy has been performed on the minor, the effectiveness of the therapy for the minor, and the performance of the therapy is in the minor's best interests.
An adult who can't give informed consent
If the person can't give informed consent, then the Tribunal has to be satisfied that the therapy has clinical merit and is appropriate in the circumstances, that evidence supports the effectiveness of the therapy for the adult's particular mental illness and, if the therapy has been performed before, the effectiveness of the therapy for the person.
An adult subject to an authority or order
If the person can consent, but they are subject to a Treatment Authority, Forensic Order or Treatment Support Order, the Tribunal has to be satisfied the doctor has given them the explanation required under section 234 of the Mental Healt Act 2016, and the person has given informed consent.
FAQs
These are some of the most frequently asked questions.
What does "informed consent" mean?
A person gives informed consent if:
- the person has capacity to give consent to the treatment
- they have given written consent which they have signed.
When does a person have capacity to give consent for ECT?
A person has capacity to give consent if they have the ability to:
- understand the nature and effect of a decision relating to the treatment;
- freely and voluntarily make the decision; and
- communicate the decision
What is emergency ECT?
ECT can be performed for some involuntary patients in emergencies without the Tribunal’s approval.
These are:
- an involuntary patient under a Treatment Authority, Forensic Order, or Treatment Support Order
- a person who is absent without permission from another state and is detained in an Authorised Mental Health Service
ECT can be used in an emergency when:
- the doctor and the senior medical administrator write a statement saying ECT is needed to save the person's life or prevent the person from suffering irreparable harm; and
- an application has been made to the Tribunal for ECT.
Can ECT be voluntary?
- If you are being treated voluntarily, and have the capacity to consent to ECT, you can receive the treatment without the Tribunal being involved.
- If you are being treated voluntarily and don’t want ECT, you should speak with your treating team about what your options are.
- If you are subject to a Treatment Authority, Forensic Order or Treatment Support Order, the doctor must apply to Tribunal for approval to perform ECT, even if you have capacity to consent and you agree to receive the treatment.
Can I choose my own lawyer?
The Tribunal will automatically appoint a legal representative for you. If you prefer, you can organise and pay for your own lawyer.
For more information on ECT
You should speak with your treating team to discuss your preferences.
