South Australian Current Acts

CONSENT TO MEDICAL TREATMENT AND PALLIATIVE CARE ACT 1995 - SECT 18C

18C—Resolution of disputes by Public Advocate

        (1)         The Public Advocate may, on application by an eligible person in relation to a matter to which this Part applies or on his or her own initiative, provide preliminary assistance in resolving the matter, including by—

            (a)         ensuring that the parties to the matter are fully aware of their rights and obligations; and

            (b)         identifying the issues (if any) that are in dispute between the parties; and

            (c)         canvassing options that may obviate the need for further proceedings; and

            (d)         where appropriate, facilitating full and open communication between the parties.

        (2)         The Public Advocate may mediate a matter to which this Part applies on application by an eligible person in relation to the matter.

        (3)         An application under this section—

            (a)         must be made in a manner and form determined by the Public Advocate; and

            (b)         must be accompanied by such information as the Public Advocate may reasonably require; and

            (c)         must be accompanied by the prescribed fee.

        (4)         Before undertaking a mediation, the Public Advocate may, if he or she thinks it appropriate to do so, require an applicant for mediation who is not a medical practitioner to first obtain a written report from an independent medical practitioner (made after examining the relevant person) setting out—

            (a)         the potential advantages and disadvantages of—

                  (i)         the medical treatment that a medical practitioner proposes to administer to the relevant person; and

                  (ii)         any medical treatment that the eligible person, or some other person, has requested be administered to the relevant person; and

Note—

This includes where the medical treatment comprises the withdrawal or withholding of medical treatment—see section 4A.

            (b)         whether, in the independent medical practitioner's opinion, the requested treatment is in the best interest of the relevant person's health and well-being; and

            (c)         any other information required by the regulations for the purposes of this subsection.

        (5)         The Public Advocate may bring a mediation to an end at any time—

            (a)         if, in the opinion of the Public Advocate, it is more appropriate that the matter be dealt with by the Tribunal; or

            (b)         at the request of a party to the mediation.

        (6)         Evidence of anything said or done in the course of a mediation is not admissible in subsequent proceedings except by consent of all parties to the proceedings.

        (7)         Without limiting any other ways in which the Public Advocate may inform himself or herself for the purposes of a mediation, the Public Advocate may seek advice from such persons as the Public Advocate thinks fit in relation to protecting the interests of a child who is a party to, or is otherwise affected by, the matter the subject of the mediation.

        (8)         The Public Advocate has, for the purposes of this section, the same privileges and immunities as a member of the Tribunal under the South Australian Civil and Administrative Tribunal Act 2013 .

        (9)         Subject to this Act, the Public Advocate may conduct a mediation in such manner as he or she thinks fit.

        (10)         The regulations may make further provisions in relation to mediations under this section.