South Australian Current Acts

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

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circumstances of the case (including a direction that the administration of particular medical treatment to a person be withdrawn or withheld); and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.



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