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Victorian Civil and Administrative Tribunal Act 1998
46GConstitution of Tribunal for proceedings
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46G Constitution of Tribunal for proceedings
The Tribunal is to be constituted for the purposes of a rehearing under Division 2 of Part 6 of the **Medical Treatment Planning and Decisions Act 2016** by—
(a) a senior member or presidential member, if the order at first instance was made by the Tribunal constituted by an ordinary member;
(d) a Vice President, if the order at first instance was made by the Tribunal constituted by more than one member (except where one or more of the members was a Vice President);
(e) the President, if the order at first instance was made by the Tribunal constituted by a Vice President (whether with or without others).
Sch. 1 cl. 47 amended by No. 69/2016 s. 155.
47 Public Advocate may intervene or be joined
in a proceeding under the **Medical Treatment Planning and Decisions Act 2016**.
48 Referral to administrators for report
Sch. 1 cl. 48(1) amended by No. 69/2016 s. 155.
(1) The Tribunal may refer any matter relating to a proceeding under the **Medical Treatment Planning and Decisions Act 2016** to a government department, public authority, service provider, the Public Advocate or a guardian or administrator appointed under that Act for investigation and report.
(2) A person or body to whom a matter is referred under this clause must investigate and report to the Tribunal on that matter.
(3) The Tribunal must not determine a question referred to a person or body under this clause unless the Tribunal has received and considered the report of the person or body.
Sch. 1 cl. 49 amended by No. 69/2016 s. 155.
49 Proceeding not invalidated by failure to give notice
A hearing or order of the Tribunal in a proceeding under the **Medical Treatment Planning and Decisions Act 2016** is not invalidated or affected only because of a failure to give notice—
(a) to a person in respect of whom an application has been made, if the Tribunal—
50 Confidentiality of proceedings
Sch. 1 cl. 50(1) amended by No. 69/2016 s. 155.
(1) Unless the Tribunal orders otherwise, a person must not publish or broadcast or cause to be published or broadcast any report of a proceeding under the **Medical Treatment Planning and Decisions Act 2016** that identifies, or could reasonably lead to the identification of, a party to the proceeding.
(2) The Tribunal may make an order under subclause (1) only if it considers that it would be in the public interest to do so.
(3) An order of the Tribunal under subclause (1) must specify that pictures are not to be taken of any party to the proceeding.
Sch. 1 Pt 14A (Heading and cls 50A, 50B) inserted by No. 1/2020 s. 146.