CRPD/C/24/D/36/2016 party argues that the author has also omitted any factual information relating to any other relevant court or tribunal hearings or other methods of relief or resolution that he could have undertaken. It notes that States parties are explicitly required under article 22 (2) of the Convention to protect the privacy of personal, health and rehabilitation information of persons with disabilities on an equal basis with others, and observes that in the absence of appropriate authorizations for release by the author, it is not able to access a number of documents, in accordance with domestic privacy law, which are central to the allegations contained in the communication. 4.3 The State party provides information on the applicable legal framework. It notes that in the State of Victoria, compulsory mental health treatment is regulated by the Mental Health Act 2014. The Act sets out the criteria for compulsory mental health treatment and establishes the Mental Health Tribunal. The Act establishes a supported decision-making model. Substitute decision-making is only used as a last resort. The model of supported decisionmaking enables and supports compulsory patients to make decisions about their treatment and determine their individual path to recovery. A presumption of capacity is the foundation of the supported decision-making model and the Act provides that all persons are presumed to be able to make treatment decisions. The Mental Health Act 2014 seeks to minimize the use and duration of compulsory treatment to ensure that the treatment is provided in the least restrictive and intrusive manner possible. It achieves this by introducing specific criteria for compulsory treatment, creating treatment orders that operate for a fixed duration and requiring timely oversight by an independent mental health tribunal. The Mental Health Act 2014 establishes the Mental Health Tribunal as an independent body. The Tribunal makes treatment orders for patients. The Tribunal must be satisfied that all the treatment criteria apply to the patient before making a treatment order. In coming to its decision, the Tribunal must take a holistic approach that considers a range of factors, including the patient’s recovery goals and treatment preferences and the views of the nominated person,1 carer or guardian, and must take into account any second psychiatric opinion report. Each division of the Tribunal consists of three members: a lawyer, a registered medical practitioner and a member of the community. A party to a Tribunal hearing (such as a patient or the authorized psychiatrist) may request a written statement of reasons for a Tribunal determination. A party to a Tribunal hearing may also apply to the Victorian Civil and Administrative Tribunal for review of any decision made by the Mental Health Tribunal within 20 business days after a Tribunal determination or, if the patient has requested a written statement of reasons, within 20 business days of receiving the statement of reasons. The Tribunal may refer a question of law to the Supreme Court of Victoria for determination. This may occur at the request of a party or on the initiative of the Tribunal. 4.4 The State party argues that electroconvulsive therapy is considered an effective treatment for some mental illnesses. It notes, however, that the decision to prescribe electroconvulsive therapy should be based on a thorough physical and psychological evaluation of each person, taking into account their present condition, past history and treatment responsiveness, the impact of the illness on their quality of life, and their views and preferences. The Mental Health Act 2014 provides that electroconvulsive therapy may not be performed on a patient who does not have the capacity to give informed consent for such therapy, without the approval of the Mental Health Tribunal. It seeks to maximize the patient’s autonomy wherever possible. Where a patient does not have capacity to consent to electroconvulsive therapy, the Tribunal must decide whether electroconvulsive therapy is the “least restrictive treatment”. For this purpose, the Tribunal will consider the patient’s views and preferences about electroconvulsive therapy and any beneficial alternative treatments that are reasonably available, and the reasons for the patient’s views and preferences, including any recovery outcomes the patient would like to achieve; the views and preferences of the patient, expressed in an advance statement; and the views of the nominated person, guardian or carer. The Tribunal will also consider whether electroconvulsive therapy is likely to remedy the mental illness or lessen the ill-effects, and consider any second psychiatric opinion that has been obtained by the patient and given to the psychiatrist. A patient may 1 A person nominated by the patient who will be able to receive information and to support the patient for the duration of the compulsory treatment order. The nominated person will assist the patient in exercising their rights and help represent the patient’s interests. 3

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