Dispute Resolution Service

Dispute Resolution

The Advance Care Directive Act 2013 and the Consent to Medical Treatment and Palliative Care Act 1993 authorises the Office of the Public Advocate to resolve disputes about an advance care directive (health, accommodation or personal decisions) or a health consent issue without the need to go through a formal South Australian Civil & Admiinistrative Tribunal process.  It does this through a mediation service.

The Public Advocate is also authorised to make Declarations in relation to an advance care directive. See Information  Sheet 27 Dispute Resolution Service.

Under Section 45 of the Advance Care Directives Act 2013 and Section 18 of the Consent to Medical Treatment and Palliative Care Act 1995  the Public Advocate can mediate disputes in the following circumstances:

  • If the person has made an advance care directive and there is a disagreement about a health, accommodation and personal decision that has to be made for that person.  This includes people who have who have made an Enduring Power of Guardianship, a Medical Power of Attorney or an Anticipatory Direction before July 1st 2014.
  • If a person does not have an advance care directive, but there is a disagreement about health care and /or medical treatment.  This includes disputes involving children under 16 years of age.

    See Information Sheet 26 – Dispute Resolution Service (Mediation)

To apply for either of these services click here