Victorian Consolidated Legislation

Guardianship and Administration Act 1986 - SECT 42V

Applications to Tribunal

42V. Applications to Tribunal



(1) An application may be made to the Tribunal in relation to any matter,
question or dispute under this Division 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) Despite subsection (2)(b), a registered practitioner who is involved in
the relevant research project cannot apply to the Tribunal in relation to a
refusal of the person responsible for a patient to consent under section 42S
to the carrying out of a medical research procedure on the patient.

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

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

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

   (a)  may make an order that for matters relating to medical research
        procedures, 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 medical research procedures;

   (c)  may vary a guardianship order to make provision for matters relating
        to medical research procedures;

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

   (e)  may make an order that any proposed medical research procedure is or
        is not contrary to 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 research procedures;

   (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.