Consent to the Performance of a Surgical Operation on an Involuntary Patient - New South Wales

Service summary

If you are a medical officer and you intend to perform a surgical operation on an involuntary patient that suffers from a mental illness, you must apply for this consent. An involuntary patient means:

  • A person who is ordered to be detained as an involuntary patient after a mental health injury or other similar issue;
  • A correctional patient who has been transferred from a correctional centre to a mental health facility while service a sentence of imprisonment; or
  • A forensic patient who is detained in a mental health facility, correctional centre or similar place, or released from custody (subject to conditions).

You will require the consent of the patients designated carer to perform the operation. A surgical operation means a surgical procedure, a series of related surgical operations or surgical procedures, and the administration of an anaesthetic for the purpose of medical investigation.

Please consult the Contact Officer for more information.

Service type


A licence defines the need to obtain recognition / certification and registration to undertake a certain business activity.

Eligibility requirements

To be eligible for this consent, you must be able to demonstrate that:

  • The patient is incapable of giving consent to the operation; and
  • It is desirable, having regard to the interests of the patient, to perform the surgical operation on the patient.

You must get the permission of the patient's primary carer and have them sign the relevant forms. If the designated carer does not agree to the performance of the surgical operation you can apply to the Tribunal for consent.

The application form further outlines information on the documents you must provide with your application. Please consult the Contact Officer for more information regarding eligibility requirements.



Please consult the Contact Officer for information on fees to be submitted.

Administering agency

NSW Ministry of Health
Mental Health and Drug & Alcohol Office

Act(s) name

Mental Health Act 2007 (New South Wales)

Regulation(s) name

Mental Health Regulation 2013 (New South Wales)

Contact details

Manager, Clinical Governance Unit
NSW Ministry of Health
Mental Health and Drug & Alcohol Office

Operating address:
73 Miller Street
North Sydney
New South Wales 2060
Mailing address:
Locked Mail Bag 961
North Sydney
New South Wales 2059


02 93919041


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