35ZIResolution of matters by Public Guardian

### 35ZI Resolution of matters by Public Guardian > > (1)  The Public Guardian may, on application by an eligible person in respect of an advance care directive or on the Public Guardian’s own initiative, provide preliminary assistance in resolving a matter relating to an advance care directive, including by – > > > > > > (a) ensuring that the parties to the matter are fully aware of their rights and obligations; and > > > > > > > (b) identifying any issues that are in dispute between parties to the matter; and > > > > > > > (c) canvassing options that may obviate the need for further proceedings; and > > > > > > > (d) where appropriate, facilitating full and open communication between the parties to a dispute; and > > > > > > > (e) seeking to resolve differences between eligible persons in relation to any other matter prescribed by the regulations for the purposes of this section. > > > (2)  The Public Guardian may, in providing preliminary assistance under [subsection (1)](#GS35ZI@Gs1@EN) , arrange a mediation between parties to a dispute if all parties to the dispute agree to such a mediation. > > > (3)  The Public Guardian must put procedures in place to allow a person who has given an advance care directive to attend any mediation relating to that advance care directive under this section unless the Public Guardian is satisfied that – > > > > > > (a) the person does not wish to attend the mediation in person; or > > > > > > > (b) the personal attendance of the person at the mediation is impracticable or unreasonable, despite any arrangement that the Public Guardian may make. > > > (4)  If a matter under this section is resolved by mediation – > > > > > > (a) the parties must sign an agreement setting out the terms of the settlement; and > > > > > > > (b) the Public Guardian must cause a copy of the signed agreement to be provided to each of the parties; and > > > > > > > (c) the Public Guardian must cause a copy of the signed agreement to be provided to the Tribunal; and > > > > > > > (d) if the advance care directive has been registered by the Tribunal, the Tribunal may cause a copy of the signed agreement to be attached to the copy of the advance care directive in the register kept under [section 35X](#GS35X@EN) . > > > (5)  The Public Guardian may bring a mediation to an end at any time – > > > > > > (a) if, in the opinion of the Public Guardian, 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 under this section is not admissible in subsequent proceedings except by consent of all parties to the proceedings. > > > (7)  An application under this section – > > > > > > (a) must be made in a manner and form determined by the Public Guardian; and > > > > > > > (b) must be accompanied by such information as the Public Guardian may reasonably require. > > > (8)  The Public Guardian may refuse to provide preliminary assistance in resolving a matter under this section if, in the opinion of the Public Guardian, it is more appropriate that the matter be dealt with by the Tribunal.