43VCAT orders in relation to appointed medical treatment decision makers and support persons

43 VCAT orders in relation to appointed medical treatment decision makers and support persons

(1) An eligible applicant may apply to VCAT for an order in respect of the following matters in relation to an appointment of, or a revocation of an appointment of, an appointed medical treatment decision maker or a support person—

(a) the validity of the appointment or revocation of the appointment;

(b) the effect on the appointment of any failure to comply with—

(i) in the case of an appointment of an appointed medical treatment decision maker, the requirements in section 28; or

(ii) in the case of an appointment of a support person, the requirements in section 33;

(c) with the permission of VCAT, any other matter in relation to an appointment under this Part.

(2) On application under subsection (1), or on its own motion in any hearing before it, VCAT may do any of the following—

(a) subject to section 46, make an order—

(i) revoking the appointment; or

(ii) varying the matters in respect of which the appointment of an appointed medical treatment decision maker applies;

(b) make an order declaring—

(i) that an appointment or a revocation is invalid; or

(ii) that an attempt to appoint, or revoke the appointment of, an appointed medical treatment decision maker or a support person is effective;

(c) make any other order it considers necessary.

(3) Before making an order under this Part, VCAT must be satisfied that the order is consistent with the following—

(a) any known preferences and values of the person who made the appointment, whether—

(b) promoting the personal and social wellbeing of the person, having regard to the need to respect the person's individuality.