Victorian Consolidated Legislation

Medical Treatment Act 1988 - SECT 5C

Tribunal may suspend or revoke authority

5C. Tribunal may suspend or revoke authority





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

   (a)  may in accordance with subsection (3), (4), (4A) or (4B) suspend or
        revoke an enduring power of attorney (medical treatment);

   (b)  may in accordance with subsection (4A) determine whether an enduring
        power of attorney (medical treatment) given to an alternate agent does
        or does not authorise the making of a particular decision by the
        alternate agent;

   (c)  may in accordance with subsection (4B) determine any question arising
        out of a conflict between a decision made about a person's medical
        treatment by the person's agent and alternate agent, including a
        determination that any or all of those decisions are ineffective.

(2) An application may be made by-

   (a)  the Public Advocate; or

   (b)  a person who, in the opinion of the Tribunal, has a special interest
        in the affairs of the donor of the power; or



   (c)  the agent or alternate agent appointed under the power.



(3) If the Tribunal is satisfied that refusal of medical treatment, either
generally or of a particular kind, at a particular time or in particular
circumstances is not in the best interests of the donor, the Tribunal may
suspend the power for a specified period.

(4) If the Tribunal is satisfied that it is not in the best interests of the
donor of a power for the power to continue, or for the power to continue to be
exercisable by the agent or alternate agent, the Tribunal may revoke the
power.







(4A) If the Tribunal is satisfied that-

   (a)  an alternate agent-

   (i)  has completed a false statutory declaration under section 5AA; or

   (ii) has set out in a statutory declaration enquiries or information that
        do not form a reasonable basis for the statement of belief, set out in
        the declaration, that a person's agent is dead, incompetent or cannot
        be contacted or the agent's whereabouts are unknown; or

   (iii) is not authorised by an enduring power of attorney (medical
        treatment) to make a particular decision because of a failure to
        comply with section 5AA; and

   (b)  it is in the best interests of the person giving the power to do so-

the Tribunal may, to the extent that the power is given to the alternate
agent, revoke it, suspend it for a specified period or declare that it does
not authorise the making of a particular decision.

(4B) If the Tribunal is satisfied that-

   (a)  a person's agent and alternate agent have made conflicting decisions
        about the medical treatment of the person; and

   (b)  it is in the best interests of the person to do so-

the Tribunal may do any of the following-

   (c)  revoke the enduring power of attorney (medical treatment);

   (d)  suspend for a specified period the enduring power of attorney (medical
        treatment);

   (e)  determine that decisions of the agent or alternate agent or both are
        ineffective;

   (f)  make any other determination about the validity or effect of any of
        the conflicting decisions that it considers necessary to resolve the
        conflict.

(4C) A determination of the Tribunal under subsection (4A) or (4B) revoking or
suspending an enduring power of attorney (medical treatment) does not affect
the previous operation of-

   (a)  an enduring power of attorney (medical treatment); or

   (b)  any decision made under that power; or

   (c)  any refusal of treatment certificate completed under that power.

(5) Where-

   (a)  the donor of a power is a patient in a public hospital, denominational
        hospital, private hospital or nursing home; and

   (b)  the Tribunal revokes or suspends the power-

the Tribunal must give written notice of the revocation or suspension to the
chief executive officer (by whatever name called) of the hospital or home and
the chief executive officer must ensure that a copy of the notice is placed
with the patient's record kept by the hospital or home.