Guardianship and Administration Act 1995

The Tribunal may, on application by an eligible person, provide advice or direction in relation to an advance care directive.

The Tribunal may, at any time, hold a hearing in relation to an advance care directive to – review a matter dealt with by the Public Guardian under section 35ZI; or make a determination in relation to any matter to which this Part applies.

A hearing in relation to an advance care directive under subsection (2) may be held by the Tribunal – of its own motion; or on referral by the Public Guardian; or on application by an eligible person.

An application to the Tribunal under this section is to – be lodged with the registrar in a manner and form determined by the Tribunal; and be accompanied by such information as the Tribunal may reasonably require.

A person who has given an advance care directive is to be a party to any hearing before the Tribunal relating to that advance care directive.

The Tribunal must put procedures in place to allow a person who has given an advance care directive to attend any hearing relating to that advance care directive unless the Tribunal is satisfied that – the person does not wish to attend the hearing in person; or the personal attendance of the person at the hearing is impracticable or unreasonable, despite any arrangement that the Tribunal may make.

The Tribunal may – in the case of a review of a matter dealt with by the Public Guardian under section 35ZI, make an order confirming, varying or cancelling an agreement reached at a mediation under section 35ZI; or in any case, make a determination in relation to the following matters:whether a person who gave an advance care directive did or did not have the decision-making ability to make the advance care directive; whether a person who gave an advance care directive did or did not have impaired decision-making ability in relation to any of the provisions in the advance care directive; whether an advance care directive, or a provision of an advance care directive, is invalid or valid; whether a person has the authority to make a decision in relation to a provision in an advance care directive; such other determinations that the Tribunal thinks necessary or desirable in the circumstances of the case.

If the Tribunal is of the opinion that it is more appropriate that an application under subsection (3)(c) be dealt with by the Public Guardian, the Tribunal may refer the matter to the Public Guardian.

A person who, without reasonable excuse, refuses or fails to comply with a determination of the Tribunal under this section is guilty of an offence. Fine not exceeding 50 penalty units.

It is a defence in proceedings for an offence under subsection (9) if the defendant establishes that he or she did not know, and could not reasonably have been expected to know, that the defendant’s conduct amounted to a failure to comply with the determination.