Page 3552 - Week 11 - Thursday, 24 September 2015

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6

Proposed new clause 62 (2A)

Page 32, line 5—

insert

(2A) The committee must—

(a) ensure that the people told of the application under subsection (2) (a) are given an opportunity to make an oral or written submission to the committee; and

(b) consider any submissions received.

7

Clause 65 (1)

Page 33, line 6—

omit clause 65 (1), substitute

(1) This section applies if a psychiatrist proposes to perform psychiatric surgery on a person but the person does not have decision-making capacity to consent or an advance consent direction consenting to the surgery.

(1A) The psychiatrist may apply to the Supreme Court for an order consenting to the performance of psychiatric surgery on the person.

Note  The order is needed for an application for the chief psychiatrist’s approval for performance of the surgery (see s 61 (2) (b)).

8

Clause 65 (2)

Page 33, line 8—

after

if satisfied

insert

on reasonable grounds

9

Clause 65 (2) (b)

Page 33, line 10—

omit clause 65 (2) (b), substitute

(b) the person—

(i) does not have decision-making capacity to consent to the surgery; and

(ii) does not have an advance consent direction consenting to the surgery; and

(iii) has not refused to consent to the surgery (in an advance consent direction or otherwise); and

10

Clause 66 (2)

Page 33, line 26—

omit

, either orally or in writing,

substitute

, orally or in writing or by indicating in any other way,

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