46GConstitution of Tribunal for proceedings

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.