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) , 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 .