Victorian Consolidated Legislation

Guardianship and Administration Act 1986 - SECT 42N

Application to Tribunal relating to medical or dental treatment

42N. Application to Tribunal relating to medical or dental treatment



(1) An application may be made to the Tribunal in relation to any matter,
question or dispute under this Part relating to medical or dental treatment or
relating to the best interests of a patient.

(2) An application may be made by-

   (a)  a person responsible; or

   (b)  a person who, in the opinion of the Tribunal, has a special interest
        in the affairs of the patient, including a registered practitioner (if
        any).

(3) If an application is made under this section, the patient is a party to
the proceeding.

(4) The Tribunal must give notice of an application, of the hearing of the
application and of any order of the Tribunal in respect of the application to-

   (a)  the Public Advocate; and

   (b)  if the application is made after a statement has been given under
        section 42M, the registered practitioner who gave the statement; and

   (c)  any other person whom the Tribunal considers has a special interest in
        the affairs of the patient.

(5) If the person responsible for a patient, after receiving a statement under
section 42M, makes an application to the Tribunal-

   (a)  the person responsible must apply to the Tribunal within 7 days after
        receiving the statement; and

   (b)  the Tribunal must hear and determine the application within 7 days
        after receiving it.

(6) On an application under this section, the Tribunal-

   (a)  may make an order that for matters relating to medical or dental
        treatment, either generally or of a particular kind, a person
        specified in the order is to be the person responsible;

   (b)  may appoint a person as guardian of the patient generally or for
        matters relating to the medical or dental treatment of a patient;

   (c)  may vary a guardianship order to make provision for matters relating
        to the medical or dental treatment of a patient;



   (d)  may revoke, suspend or vary an instrument appointing a person as the
        enduring guardian to the extent that the instrument relates to medical
        or dental treatment of a patient;

   (e)  may make an order that any proposed medical or dental treatment is or
        is not in the best interests of the patient;

   (f)  may make any orders or give any directions it considers necessary to
        resolve any conflict between persons relating to the best interests of
        a patient;

   (g)  may make a declaration as to the validity or effect of any decision
        relating to medical or dental treatment;

   (h)  may give an advisory opinion in relation to the best interests of a
        patient;

        (i)    may make any other orders it considers to be in the best
               interests of the patient.

(7) An application cannot be made, and the Tribunal cannot make any order,
under this section in relation to a medical research procedure.

Note Sections 42V, 42W and 42X provide for the Tribunal's jurisdiction in
relation to medical research procedures.