Guardianship and Administration Act 1995
35ZKResolution of matters by Tribunal
Start here
Get a plain-English read of 35ZK
Turn the raw legal text into a practical explanation grounded in Guardianship and Administration Act 1995.
35ZK Resolution of matters by Tribunal
(1) The Tribunal may, on application by an eligible person, provide advice or direction in relation to an advance care directive.
(2) The Tribunal may, at any time, hold a hearing in relation to an advance care directive to –
(a) review a matter dealt with by the Public Guardian under section 35ZI ; or
(b) make a determination in relation to any matter to which this Part applies.
(3) A hearing in relation to an advance care directive under subsection (2) may be held by the Tribunal –
(a) of its own motion; or
(b) on referral by the Public Guardian; or
(c) on application by an eligible person.
(4) An application to the Tribunal under this section is to –
(a) be lodged with the registrar in a manner and form determined by the Tribunal; and
(b) be accompanied by such information as the Tribunal may reasonably require.
(5) 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.
(6) 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 –
(a) the person does not wish to attend the hearing in person; or
(b) the personal attendance of the person at the hearing is impracticable or unreasonable, despite any arrangement that the Tribunal may make.
(7) The Tribunal may –
(a) 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