18E—Resolution of disputes by Tribunal
(1) An eligible person
in relation to a matter to which this Part applies may apply to the Tribunal
for—
(a) a
review of a matter mediated by the Public Advocate under section 18C; or
(b) a
declaration or direction in relation to the matter (including, to avoid doubt,
a matter contemplated by section 18C).
(4) The Tribunal may,
on determining an application under this section—
(a) in
the case of a review of a matter mediated by the Public Advocate under
section 18C—confirm, cancel or reverse a decision that is the
subject of the review; and
(b) in
any case—
(i)
make any declarations that the Tribunal thinks necessary
or desirable in the circumstances of the case; and
(ii)
give any directions that the Tribunal thinks necessary or
desirable in the circumstances of the case (including a direction that the
administration of particular medical treatment to a person be withdrawn or
withheld); and
(iii)
give any advice that the Tribunal considers necessary or
desirable in the circumstances of the case.
(5) The Tribunal may
vary or revoke a declaration or direction under this section.
(6) The person to whom
the medical treatment is to be provided or not provided (as the case requires)
is (if he or she is not the applicant) a party to the proceedings.
(7) Section 51 of the
South Australian Civil and Administrative Tribunal Act 2013 does not
apply to, or in relation to, proceedings under this section.
(8) Without limiting
any other ways in which the Tribunal may inform itself for the purposes of
this section, the Tribunal may seek advice from such persons or bodies as the
Tribunal thinks fit in relation to protecting the interests of a child who is
a party to, or is otherwise affected by, an application.
(9) The regulations
may make further provisions in relation to proceedings under this section.
(10) Subject to this
Act, the Tribunal may conduct a review under this section in such manner as it
thinks fit.