ACTIn ForceAct
Guardianship and Management of Property Act 1991
32IReferring matters to public trustee and guardian—
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32I Referring matters to public trustee and guardian—
disagreement between health attorneys
(a) before obtaining the consent to medical treatment for a protected
person from the health attorney that the health professional
believes is best able to represent the views of the protected
person, the health professional becomes aware that 1 or more of
the other health attorneys for the protected person objects to the
giving of consent; and
(b) the health professional is not aware of any health direction under
the Medical Treatment (Health Directions) Act 2006 that is
relevant to the issue of whether consent to the medical treatment
should be given or not.
(2) The health professional must refer the matter to the public trustee and
(3) On referral of a matter, the public trustee and guardian may do either
or both of the following:
(a) try to help the available health attorneys reach agreement about
consent;
(b) apply to the ACAT to be appointed as guardian for the protected
(4) To remove any doubt, a health professional is not required to seek the
views of other health attorneys for a protected person before
obtaining the consent of the health attorney that the health
professional believes on reasonable grounds is best able to represent
the views of the protected person.