s. 103 (3) In determining whether the performance of neurosurgery for mental illness will benefit the person, the Tribunal must have regard to the following— (a) whether the neurosurgery for mental illness is likely to remedy the mental illness or alleviate the symptoms and reduce the ill effects of the mental illness; (b) the likely consequences for the person if neurosurgery for mental illness is not performed; (c) any beneficial alternative treatments that are reasonably available and the person's views and preferences about those treatments; (d) the nature and degree of any discomfort, risks and common or expected side effects associated with the proposed neurosurgery for mental illness, including the person's views and preferences about any such discomfort, risks or common or expected side effects. 103 Notice of decision The Tribunal must give written notice of its decision under section 102 to grant or refuse an application made under section 100 to the following persons— (a) the psychiatrist who made the application; (b) the person who is the subject of the application; (c) the chief psychiatrist.
(3) In determining whether the performance of neurosurgery for mental illness will benefit the person, the Tribunal must have regard to the following— (a) whether the neurosurgery for mental illness is likely to remedy the mental illness or alleviate the symptoms and reduce the ill effects of the mental illness; (b) the likely consequences for the person if neurosurgery for mental illness is not performed; (c) any beneficial alternative treatments that are reasonably available and the person's views and preferences about those treatments; (d) the nature and degree of any discomfort, risks and common or expected side effects associated with the proposed neurosurgery for mental illness, including the person's views and preferences about any such discomfort, risks or common or expected side effects. 103 Notice of decision s. 103 The Tribunal must give written notice of its decision under section 102 to grant or refuse an application made under section 100 to the following persons— (a) the psychiatrist who made the application; (b) the person who is the subject of the application; (c) the chief psychiatrist.
14-26a001.docx