48OApplications to Tribunal

### 48O Applications to Tribunal > > (1)  Each of the following persons may apply to the Tribunal in relation to any matter, question or dispute under this Part relating to the conduct of health and medical research in relation to a person: > > > > > > (a) the person responsible for the person; > > > > > > > (b) a person who the Tribunal is satisfied has a proper interest in the matter, including a health and medical research practitioner. > > > (2)  Despite [subsection (1)(b)](#GS48O@Gs1@Hpb@EN) , a health and medical research practitioner who is involved in the relevant research project is not entitled to apply to the Tribunal under this Act in relation to – > > > > > > (a) the refusal by a person to consent to the conduct of health and medical research in relation to a person to whom this Part applies; or > > > > > > > (b) the withdrawal of consent by a person to the conduct of health and medical research in relation to a person to whom this Part applies. > > > (3)  If an application is made under [subsection (1)](#GS48O@Gs1@EN) , the person in relation to whom the health and medical research is being conducted is a party to the proceeding. > > > (4)  The registrar must give notice of an application, of the hearing of the application and of any order of the Tribunal in respect of the application to – > > > > > > (a) the Public Guardian; and > > > > > > > (b) any other person who the Tribunal considers has a proper interest in the matter. > > > (5)  On an application under [subsection (1)](#GS48O@Gs1@EN) , the Tribunal may make a determination doing any one or more of the following: > > > > > > (a) declaring that the conduct of any proposed health and medical research is or is not contrary to any known preferences and values of the person in relation to whom the health and medical research is to be conducted, whether – > > > > > > > > > > (i) expressed within an advance care directive or otherwise; or > > > > > > > > > > > (ii) inferred from the person's life; > > > > > > > (b) if the person's preferences and values are not known, declaring that the conduct of any proposed health and medical research is or is not contrary to promoting the personal and social well-being of the person, having regard to the need to respect the person's individuality; > > > > > > > (c) providing advice or directions in relation to the scope or exercise of the authority of the person responsible for the person; > > > > > > > (d) giving such advice or direction or making any order that it considers necessary in the circumstances. > > > (6)  A person must not contravene a direction given to that person by the Tribunal under this section. > > > > Penalty:  Fine not exceeding 20 penalty units.