Medical Treatment Planning and Decisions Act 2016
67Application by Public Advocate
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67 Application by Public Advocate
(1) If the Public Advocate is notified under section 62 and is of the opinion that the decision by the medical treatment decision maker to refuse the medical treatment is not unreasonable in the circumstances, the Public Advocate must notify the health practitioner as soon as possible that no application to VCAT will be made in relation to that decision.
(2) If the Public Advocate is notified under
section 62 and is of the opinion that the decision by the medical treatment decision maker to refuse the medical treatment is unreasonable in the circumstances, the Public Advocate, as soon as practicable but not more than 14 days after receiving that notification, must apply to VCAT for a review of that decision.
(3) On application under subsection (2), VCAT may make an order about a decision of a medical treatment decision maker to consent to or refuse significant medical treatment of a person.
(4) In an order under this section, VCAT may affirm, vary, set aside or substitute the decision of a medical treatment decision maker to consent to or refuse significant medical treatment of a person.