35ZKResolution of matters by Tribunal

### 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](#GS35Z@EN) ; 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)](#GS35ZK@Gs2@EN) 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](#GS35ZI@EN) , make an order confirming, varying or cancelling an agreement reached at a mediation under [section 35ZI](#GS35ZI@EN) ; or > > > > > > > (b) in any case, make a determination in relation to the following matters: > > > > > > > > > > (i) [*\[Section 35ZK Subsection (7) amended by No. 21 of 2023, s. 35, Applied:01 Sep 2024\]*](/view/html/inforce/2024-09-01/act-2023-021#GS35@EN) whether a person who gave an advance care directive did or did not have the decision-making ability to make the advance care directive; > > > > > > > > > > > (ii) [*\[Section 35ZK Subsection (7) amended by No. 21 of 2023, s. 36, Applied:01 Sep 2024\]*](/view/html/inforce/2024-09-01/act-2023-021#GS36@Hpa@EN) 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; > > > > > > > > > > > (iii) whether an advance care directive, or a provision of an advance care directive, is invalid or valid; > > > > > > > > > > > (iv) whether a person has the authority to make a decision in relation to a provision in an advance care directive; > > > > > > > > > > > (v) such other determinations that the Tribunal thinks necessary or desirable in the circumstances of the case. > > > (8)  If the Tribunal is of the opinion that it is more appropriate that an application under [subsection (3)(c)](#GS35ZK@Gs3@Hpc@EN) be dealt with by the Public Guardian, the Tribunal may refer the matter to the Public Guardian. > > > (9)  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. > > > > Penalty:  Fine not exceeding 50 penalty units. > > > (10)  It is a defence in proceedings for an offence under [subsection (9)](#GS35ZK@Gs9@EN) 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.