44Applications for consent of Tribunal

### 44 Applications for consent of Tribunal > > (1)  [*\[Section 44 Subsection (1) amended by No. 18 of 2021, s. 137, Applied:05 Nov 2021\]*](/view/html/inforce/2021-11-05/act-2021-018#GS137@Hpa@EN) An application for the consent of the Tribunal to the carrying out of any medical or dental treatment on a person to whom this Part applies may be made by any person who the Tribunal is satisfied has a proper interest in the matter. > > > (2)  The application  – > > > > > > (a) is to be in writing; and > > > > > > > (b) is to be lodged with the registrar; and > > > > > > > (c) is to contain the prescribed information. > > > (3)  [*\[Section 44 Subsection (3) amended by No. 18 of 2021, s. 137, Applied:05 Nov 2021\]*](/view/html/inforce/2021-11-05/act-2021-018#GS137@Hpb@EN) The Tribunal may issue and make available to members of the public guidelines specifying situations in which applications under [subsection (1)](#GS44@Gs1@EN) should be made to the Tribunal for its consent to medical or dental treatment. > > > (4)  [*\[Section 44 Subsection (4) amended by No. 18 of 2021, s. 137, Applied:05 Nov 2021\]*](/view/html/inforce/2021-11-05/act-2021-018#GS137@Hpc@EN) Where the application is made for consent to the carrying out of medical or dental treatment and the treatment cannot be carried out without that consent, the Tribunal may, by order – > > > > > > (a) direct the person who is to carry out the treatment not to start the treatment; or > > > > > > > (b) if the treatment has already started, direct the person who is carrying out the treatment to discontinue it – > > > > until the Tribunal has determined the application. > > > (5)  A person who, without lawful excuse, fails to comply with an order under [subsection (4)](#GS44@Gs4@EN) is guilty of an offence and is liable on summary conviction to a fine not exceeding 20 penalty units or to imprisonment for a term not exceeding 1 year, or both.