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


You must have this consent if you are a medical officer, and you intend to perform a surgical operation on an involuntary patient that suffers from a mental illness.

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 serving a sentence of imprisonment
  • 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 need the consent of the patient's 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.

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
  • 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.


As specified


Fees Details for this service in table format.

Task Type Business Structure Description
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Please contact the agency for more information.

Act(s) name

Mental Health Act 2007 New South Wales

Regulation(s) name

Mental Health Regulation 2019 New South Wales

Administering agency

NSW Ministry of Health

Health System Strategy and Patient Experience

Mental Health Branch

Contact details

Contact Email, Phone and Address Details for this service in simple two column table format, header then data.