ADVANCE CARE DIRECTIVES ACT 2013 - SECT 52

ADVANCE CARE DIRECTIVES ACT 2013 - SECT 52

52—Urgent review by Supreme Court

        (1)         The Supreme Court may, on the application of—

            (a)         a health practitioner responsible (whether solely or with others) for the health care of a person who has given an advance care directive; or

            (b)         any person who has, in the opinion of the Court, a proper interest in the exercise of powers by the substitute decision-maker,

review the decision of a substitute decision-maker appointed under an advance care directive.

        (2)         A review under this section—

            (a)         is limited to ensuring that the substitute decision-maker's decision is in accordance with the advance care directive and this Act; and

            (b)         cannot be undertaken in respect of a decision to withdraw or withhold health care if the person who gave the advance care directive is in the advanced stages of an illness without any real prospect of recovery and the effect of the health care would be merely to prolong the person's life.

        (3)         On completion of a review, the Supreme Court may—

            (a)         confirm, cancel or reverse the decision of the substitute decision-maker; and

            (b)         make such other orders, and give such advice and directions, as the Court thinks necessary or desirable in the circumstances of the case.

        (4)         The Supreme Court must conduct a review under this section as expeditiously as possible.